What was established by Schenck v. United States in 1919?

The case of Schenck v. United States in 1919 established the principle that the government can restrict speech that creates a "clear and present danger" to national security or public safety. This landmark decision arose during World War I, where Charles Schenck was charged with violating the Espionage Act for distributing leaflets urging resistance to the military draft. The Supreme Court, in an opinion written by Justice Oliver Wendell Holmes Jr., ruled that speech that poses an imminent threat or creates a significant risk of causing harm is not protected under the First Amendment.

The "clear and present danger" test became a crucial standard in determining when free speech could be limited. This decision emphasized that during times of war or national crisis, the government may take actions to protect the interests of the nation, which can include restricting certain expressions of speech that are deemed dangerous or subversive. This ruling highlights the balance between free speech and the need for national security, establishing a framework that continues to influence how courts interpret freedom of expression today.