Which court case addressed the issue of restricting speech in peacetime?

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2026-04-05 18:55

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The court case that addressed the issue of restricting speech in peacetime is Schenck v. United States (1919). In this landmark decision, the Supreme Court upheld the conviction of Charles Schenck for distributing flyers urging resistance to the draft during World War I. Justice Oliver WenDELL Holmes Jr. famously articulated the "clear and present danger" test, establishing that speech could be restricted if it posed a significant threat to national security, even in peacetime. This case set a precedent for the balancing act between free speech and government interests.

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