Question

What was the effect of the "clear and present danger" ruling established in Schenck v. United States (1919)?

1) placing limits on constitutional freedoms
2) decreasing the president's powers during wartime
3) limiting the hours women could work in industry
4) upholding the right of states to regulate child labor

Answer 1

The correct answer is option 1. The 'clear and present danger' decision in the Schenck v. United States case limited First Amendment rights, ruling that speech posing a clear and imminent threat to the nation's security or its people can be restricted.

Step-by-step explanation:

The Supreme Court case Schenck v. United States in 1919 established the "clear and present danger" doctrine. This decision originated from Charles Schenck's actions during World War I, where he distributed literature that discouraged young men from adhering to the draft.

The Supreme Court, led by Justice Oliver Wendell Holmes, unanimously decided that Schenck's actions were not protected under the First Amendment's free speech clause because they posed a clear and present danger to the security of the United States or its people. This doctrine suggests that the First Amendment does not protect free speech that creates a significant risk of inciting actions that can harm the nation or its people.

The clear and present danger ruling placed limits on constitutional freedoms, particularly the First Amendment right to free speech, demonstrating that speech encouraging acts that could undermine the effectiveness or safety of the armed forces, or that could obstruct military recruitment, could be restricted during times of war.