A CLEAR AND PRESENT DANGER
This video clip is produced by Kmcldukel in 2009. Schenck was a leader of the socialist party and was protesting against the draft.
During the WWI, Schenck was arrested and convicted for publishing and distributing literature that encouraged men to resist the draft. Schenck claimed his First Amendment rights to freedom of speech and press had been violated.
The Supreme Court ruled that there are limit to free speech. The court said that free speech should not used to protect someone from causing panic by falsely shouting “fire” in a crowded theater. Total free speech could not be allowed in the face of a “clear and present danger.” The decision became a guide by which to measure the limits of free speech.