In the Schenck v. The United States case, what principle did the court establish regarding free speech?

Study for the VirtualSC Honors Government Exam. Practice with flashcards and multiple-choice questions, each offering hints and explanations.

The court established the "clear and present danger" principle in the Schenck v. United States case, which was decided in 1919. This case involved Charles Schenck, who was convicted for distributing leaflets urging resistance to the draft during World War I. The Supreme Court, led by Justice Oliver Wendell Holmes Jr., ruled that speech could be restricted if it creates a clear and present danger of significant harm, particularly when it comes to wartime circumstances. The idea is that the government has the right to limit speech if it poses an immediate threat to national security or public safety, effectively balancing individual freedoms with social order. This case is a landmark decision that shaped the interpretation of the First Amendment, emphasizing that not all speech is protected if it endangers the safety and well-being of others.

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