Answer:
The Schenck v. United States trial - case-law on the possibility of limiting fundamental freedoms in wartime, 1919
Explanation:
In the Supreme Court’s decision, written by Judge Oliver Holmes, the Doctrine of Clear and Present Danger Rule was first articulated, according to which the US Congress has the right to restrict freedom of speech in cases where, in its opinion, citizens' statements constitute a “clearly existing danger” and may lead to serious negative consequences. The decision also indicated that restrictions on freedom of speech may be introduced during times of war and emergency, and this does not violate the First Amendment to the US Constitution. The court upheld the lower court’s verdict for inciting rebellion to Socialist Party activist Charles T. Schenck, who distributed materials calling for resistance to military service.
Answer:
The decision established the clear and present danger test for judging free speech.
