Schenck v. United States

( 1919 ) Commentary by Ryan Fontanella, St. Philip's College, and Lisa Paddock, Independent Scholar

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” - Schenck v. United States
“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.… 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.” - Schenck v. United States

Oliver Wendell Holmes Jr. (Library of Congress)

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