schenck v. united states
Case name: Charles T. Schenck v. United States
Year decided: 1919
Result: 9-0, in favor of United States
Related constitutional issue/amendment: First Amendment (freedom of speech, press)
Civil rights or civil liberties: civil liberties
Significance/precedent: The Court ruled that, during this circumstance, Schenck's actions were not acceptable during wartime. The Court applied the clear and present danger to the case to determine whether or not Schenck's speech was protected by the First Amendment and found that his speech could bring about "the substantive evils that Congress has a right to prevent."
Quote from majority opinion: "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right."
Six-word summary: Clear and present: careful during wartime.
Year decided: 1919
Result: 9-0, in favor of United States
Related constitutional issue/amendment: First Amendment (freedom of speech, press)
Civil rights or civil liberties: civil liberties
Significance/precedent: The Court ruled that, during this circumstance, Schenck's actions were not acceptable during wartime. The Court applied the clear and present danger to the case to determine whether or not Schenck's speech was protected by the First Amendment and found that his speech could bring about "the substantive evils that Congress has a right to prevent."
Quote from majority opinion: "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right."
Six-word summary: Clear and present: careful during wartime.