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Elden [556K]
3 years ago
6

Freedom of speech can be limited or restricted in cases involving

Law
1 answer:
lakkis [162]3 years ago
8 0

Answer:

Wartime actions.

Explanation:

This statement can be proved by Schenck v. United States (1917).

Schenck was a member of the Socialist Party, and at the time (World War I), the party vehemently opposed the U.S. Draft. As a result of this opposition, Schenck followed the views of his party, and took it upon himself to distribute pamphlets, encouraging people to avoid the draft. Schenck was arrested for violating the 1917 Espionage Act. Schenck made an appeal, arguing that the Espionage Act violated the First Amendment, and eventually that case made it to the Supreme Court of the United States. In the Court's written opinion, it's stated:

"When a nation is at war, many things that might be said in a time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right," (Justice Holmes.)

The Court ruled that the Espionage Act was not in violation of the First Amendment, due to the specific context of this case being "wartime."

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