SCHENCK V. US
Year: 1919
Result: 9:0, favor US
Related Constitutional issue/amendment: 1st amendment (freedom of speech); Espionage Act
Civil Rights or Civil Liberties: Liberties
Significance/Precedent: Established how closely the government can restrict speech with the clear and present danger test, which states that speech cannot be punished unless it displays an obvious hazard to the speaker or to others. It also reinforced the Espionage Act, which prevents treason or speaking out against the military.
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 danger test established
Result: 9:0, favor US
Related Constitutional issue/amendment: 1st amendment (freedom of speech); Espionage Act
Civil Rights or Civil Liberties: Liberties
Significance/Precedent: Established how closely the government can restrict speech with the clear and present danger test, which states that speech cannot be punished unless it displays an obvious hazard to the speaker or to others. It also reinforced the Espionage Act, which prevents treason or speaking out against the military.
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 danger test established