Schenck vs US, 1919


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  • Hey, he's violating the Espionage Act! I'll arrest him.
  • The first amendment protects my right to protest the draft!
  • No, you interfered with military success.
  • Schenck was charged guilty of breaking the Espionage Act. His words were not protected as free speech because of the fact that they posed "clear and present danger" by impeding military success. Famous quote from this case: "During wartime, utterances tolerable in peacetime can be punished."
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