← All Cases
Coverage by Bryan K. Randolph · BrynoDC
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.
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support