Schenck v. United States
Case Date: 05/19/2024
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Schenck v. United States, 249 U.S. 47 (1919), was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present danger" test, which lasted until 1927 when its strength was diminished. The limitation to freedom of speech was further eased in 1969, with the establishment of the "Imminent lawless action" test by the Supreme Court.
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