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> It is a doctrine known as "clear and present danger" and was established by the SCOTUS in 1919, by Oliver Wendel Holmes Jr in "Schenk vs. United States"[1]. T
by aw1621107 2y ago
> It is a doctrine known as "clear and present danger" and was established by the SCOTUS in 1919, by Oliver Wendel Holmes Jr in "Schenk vs. United States"[1]. The U.S. Supreme Court already applied it a couple of times.
Probably worth noting that US free speech jurisprudence has changed since then. Schenck v. US was overturned in 1969 by Brandenburg v. Ohio [0].
[0]: https://en.wikipedia.org/wiki/Brandenburg_v._Ohio https://en.wikipedia.org/wiki/Brandenburg_v._Ohio