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Freedom Of Speech Challenges: Schenck V. United States

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Freedom Of Speech Challenges: Schenck V. United States
In Schenck v. United States, the Supreme Court keyed the famous “clear and present danger” test to determine when a state could constitutionally limit an individual's free speech, under the first amendment. In finalizing the conviction of a man accused with disturbing the peace by handing out provocative flyers to draftees of the war, the Supreme Court came to the conclusion that in certain ways, words can create a “clear and present danger” in a way that Congress may constitutionally disallow. While the decision has since been overturned, Schenck is still a major point in creating context-based balancing tests used in reviewing Freedom of Speech challenges.

The case involved an important socialist party member, Charles Schenck, who attempted
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