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It may be of note that Schenck was used by the government to argue that speech exhorting people to burn their draft cards was not protected speech. Spare me the
by jakebasile 2y ago
It may be of note that Schenck was used by the government to argue that speech exhorting people to burn their draft cards was not protected speech. Spare me the "clear and present danger to democracy" nonsense.
ETA: It has also been essentially superseded in the US. See Brandenburg v. Ohio.
- HideousKojima 2y agoAlso of note, Schenck is where the (in)famous "fire in a crowded theater" line comes from. So any time that gets brought up in a debate about free speech, the only appropriate response is "Wait, you think protesting against the draft should be illegal?"