schenck v. u.s.
Year: 1919
Result: 9-0, favor U.S.
Related Constitutional issue/Amendment: 1st Amendment (Freedom of Speech); 1917 Espionage Act
Civil rights or Civil liberties: Civil liberties
Significance/precedent: Established clear and present danger test. Speech that may be permissible during times of peace, can be punishable during wartime. The circumstances of Schenck's speech were such that it did promote evils that Congress wanted to prevent. The Espionage Act was upheld as constitutional and Schenck was ruled guilty for hindering the war effort and obstructing recruitment. Schenck v. U.S. clarified some limitations to free speech specifically when national security is involved.
Quote from majority opinion: “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 that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.”
6-word summary: clear and present; wartime speech limited
Result: 9-0, favor U.S.
Related Constitutional issue/Amendment: 1st Amendment (Freedom of Speech); 1917 Espionage Act
Civil rights or Civil liberties: Civil liberties
Significance/precedent: Established clear and present danger test. Speech that may be permissible during times of peace, can be punishable during wartime. The circumstances of Schenck's speech were such that it did promote evils that Congress wanted to prevent. The Espionage Act was upheld as constitutional and Schenck was ruled guilty for hindering the war effort and obstructing recruitment. Schenck v. U.S. clarified some limitations to free speech specifically when national security is involved.
Quote from majority opinion: “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 that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.”
6-word summary: clear and present; wartime speech limited