Charles Schenck

Schenck v. United States: Supreme Court Creates 'Clear and Present Danger' Test, Upholds Espionage Act Convictions

| Importance: 8/10

The Supreme Court unanimously upheld the Espionage Act conviction of Socialist Party Secretary Charles Schenck for distributing leaflets urging draft resistance. Justice Oliver Wendell Holmes Jr. authored the opinion, creating the “clear and present danger” test for restricting speech …

Supreme Court of the United States Justice Oliver Wendell Holmes Jr. Charles Schenck Socialist Party of America judicial-capture free-speech world-war-i state-repression progressive-era
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