3 ms·
What you're saying is true - freedom of speech is not absolute, and there are well recognized, narrow exceptions to the First Amendment. That said, Schenck is
by Sacho 9y ago
What you're saying is true - freedom of speech is not absolute, and there are well recognized, narrow exceptions to the First Amendment.
That said, Schenck is an awful example of them, considering:
- it does not advance your argument at all - Schenck was an anti-war protester who was trying to distribute flyers. Where's the "impinging on safety or rights of another citizen" there?
- it has been rejected and abandoned as a doctrine, most notably via Brandenburg vs Ohio.
(See https://www.theatlantic.com/national/archive/2012/11/its-time-to-stop-using-the-fire-in-a-crowded-theater-quote/264449/ https://www.theatlantic.com/national/archive/2012/11/its-tim...)