Schenck v. United States
Definition
A 1919 Supreme Court case that established the "clear and present danger" test for limiting free speech. Charles Schenck was convicted under the Espionage Act for distributing anti-draft leaflets during World War I.
Analogy
Imagine shouting "Fire!" in a crowded theater when there is no fire - it could cause panic and harm people. This is similar to how Schenck's actions were seen as creating a clear and present danger during wartime.
Related terms
Espionage Act of 1917: Law passed shortly after U.S entry into WWI that made it illegal to interfere with military operations or support U.S enemies during wartime.
Clear and Present Danger Test: Legal standard used to determine whether speech can be limited based on its potential to cause immediate harm.
First Amendment Rights During Wartime: Refers to how constitutional protections for free speech may be limited during times of war.
"Schenck v. United States" appears in:
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Practice Questions (5)
Which issue was at the center of _Schenck v. United States_ (1919)?
What was the test established by _Schenck v. United States_ (1919) to limit First Amendment rights?
What important legal test was established by Schenck v. United States (1919)?
How did the Supreme Court case of Schenck v. United States impact interpretations of the First Amendment?
What impact did the Supreme Court case "Schenck v. United States" (1919) have on First Amendment rights?
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