In Schenck v. US (1919) Justice Holmes said that speech can be restricted when?

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2026-03-11 07:10

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In Schenck v. United States (1919), Justice Oliver WenDELL Holmes asserted that speech can be restricted when it poses a "clear and present danger" to society. He used the example of falsely shouting fire in a crowded theater, which could incite panic and harm. This standard established that the government could limit speech that directly threatens public safety or order. Holmes emphasized the need for a balance between free expression and societal protection.

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