Schenck v. United States (1919) was a landmark U.S. Supreme Court decision that defined and limited First Amendment rights. If speech is intended to result in a crime, and there is a clear and present danger that it actually will result in a crime, the First Amendment does not protect the speaker from government action. This case set up the Clear and Present Danger Doctrine, which despite the First Amendment’s protection of speech, allows dangerous speech to be regulated by the U.S. government.
What would change if Schenck v. U.S. were overturned by the current Supreme Court?
How does Schenck v. U.S. illustrate the concept of judicial review?
Do you agree with the ruling in Schenck v. U.S.?
Remember!
Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw Schenck v. U.S.! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.