Schenck v. United States

Definition

A 1919 Supreme Court case that established the "clear and present danger" test for limiting free speech. Charles Schenck was convicted under the Espionage Act for distributing anti-draft leaflets during World War I.

Related terms

Espionage Act of 1917: Law passed shortly after U.S entry into WWI that made it illegal to interfere with military operations or support U.S enemies during wartime.

Clear and Present Danger Test: Legal standard used to determine whether speech can be limited based on its potential to cause immediate harm.

First Amendment Rights During Wartime: Refers to how constitutional protections for free speech may be limited during times of war.