Term: Schenck v. United States (scroll down for answer)

Definition: Schenck v. United States

Charles Schenck was a member of the Socialist Party. He distributed thousands of leaflets containing damaging language against the draft. He was arrested.

Weren't those leaflets just free speech protected by the First Amendment? The Supreme Court said NO! Free speech was not absolute, as he was causing a panic. According to Justice Oliver Wendell Holmes, Schenck's actions were like "shouting fire in a theater."

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