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  2. Schenck v. United States - Wikipedia

    en.wikipedia.org/wiki/Schenck_v._United_States

    Schenck v. United States, 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I.A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that Charles Schenck and other defendants, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an ...

  3. List of United States Supreme Court cases by the White Court

    en.wikipedia.org/wiki/List_of_United_States...

    Schenck v. United States: 249 U.S. 47 (1919) freedom of speech, “clear and present danger”, “shouting fire in a crowded theater” Debs v. United States: 249 U.S. 211 (1919) sedition Abrams v. United States: 250 U.S. 616 (1919) validity of criminalizing criticism of the government Silverthorne Lumber Co. v. United States: 251 U.S. 385 (1920)

  4. Espionage Act of 1917 - Wikipedia

    en.wikipedia.org/wiki/Espionage_Act_of_1917

    The Supreme Court disagreed. The Espionage Act limits on free speech were ruled constitutional in the U.S. Supreme Court case Schenck v. United States (1919). [38] Schenck, an anti-war Socialist, had been convicted of violating the Act when he sent anti-draft pamphlets to men eligible for the draft.

  5. List of United States Supreme Court cases involving the First ...

    en.wikipedia.org/wiki/List_of_United_States...

    Debs v. United States (1919) Schenck v. United States (1919) Abrams v. United States (1919) Gitlow v. New York (1925) Whitney v. California (1927) Dennis v. United States (1951) Communist Party v. Subversive Activities Control Board (1955) Yates v. United States (1957) Brandenburg v. Ohio (1969)

  6. Shouting fire in a crowded theater - Wikipedia

    en.wikipedia.org/wiki/Shouting_fire_in_a_crowded...

    The phrase is a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes Jr.'s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant's speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United ...

  7. United States free speech exceptions - Wikipedia

    en.wikipedia.org/wiki/United_States_free_speech...

    In the early 20th century, incitement was determined by the "clear and present danger" standard established in Schenck v. United States (1919), in which Justice Oliver Wendell Holmes Jr. observed: "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger ...

  8. Imminent lawless action - Wikipedia

    en.wikipedia.org/wiki/Imminent_lawless_action

    United States, 341 U.S. 494, at 507 (1951). These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and ...

  9. Stromberg v. California - Wikipedia

    en.wikipedia.org/wiki/Stromberg_v._California

    In a 7–2 decision, Chief Justice Hughes followed the logic of the Holmes doctrine introduced in Schenck v. United States, 249 U.S. 47 (1919), and concluded on 18 May 1931 that the broad red flag ban was too vague, and could be used to disrupt the constitutionally-protected opposition by citizenry to those in power. The California legislature ...