Question

"The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

-Justice Oliver Wendell Holmes Jr.

What case relates most to this quote?

Answer 1

The quote by Justice Oliver Wendell Holmes Jr. is related to the Schenck v. United States case of 1919, which established the 'clear and present danger' test for limiting free speech during wartime, a standard that has since evolved but is still pivotal in free speech law.

Step-by-step explanation:

The quote "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic" by Justice Oliver Wendell Holmes Jr. relates to the case Schenck v. United States of 1919.

This landmark decision addressed the issue of whether Charles Schenck's actions, which involved distributing anti-draft leaflets during World War I, were protected under the First Amendment's free speech clause.

The unanimous decision of the Court was that Schenck's actions did not have First Amendment protection because they presented a 'clear and present danger' to the United States during a time of war.

The test for 'clear and present danger' originally established in this case was later replaced by the 'imminent lawless action' test set forth in Brandenburg v. Ohio (1969), but Holmes's famous phrase remains a significant reference point in free speech jurisprudence.