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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 ...
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)
(Overruled by Joseph Burstyn, Inc. v. Wilson (1952)) Schenck v. United States, 249 U.S. 47 (1919) Expressions in which the circumstances are intended to result in crime that poses a clear and present danger of succeeding can be punished without violating the First Amendment. (Overruled by Brandenburg v. Ohio (1969)) Abrams v.
United States v. Dedeyan in 1978 was the first prosecution under (Dedeyan 'failed to report' that information had been disclosed). The courts relied on Gorin v. United States (1941) for precedent. The ruling touched on several constitutional questions, including vagueness of the law and whether the information was "related to national defense".
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 ...
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)
Schenck gave interviews on the matter to the New York Times, which reported on it in November 2022, stating that "in months of examining Mr. Schenck’s claims, The Times found a trail of contemporaneous emails and conversations that strongly suggested he knew the outcome and the author of the Hobby Lobby decision before it was made public ...
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 ...