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Schenck v. United States

SCOTUS · Decided Decided

Case Overview

Unanimously upheld Espionage Act convictions for mailing leaflets urging resistance to the draft, with Justice Holmes announcing the clear and present danger test and the analogy of falsely shouting fire in a theatre. The starting point of modern free speech doctrine; its permissive standard was progressively displaced over five decades, ending in Brandenburg's incitement test.


CourtU.S. Supreme Court
Filed -
CL Status -

No circuit court data for this case.

Cert Granted -
Status -
Filed (CL) -
Historical/Teaching TMR-84fce55e -
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