Question

This court case dealt with anti-war leaflets and established the standard to determine what constituted "clear and present danger."
Select the best answer from the choices provided.
Schenck v. United States (1919)
Tinker v. Des Moines (1969)
Brandenburg v. Ohio (1969)
Fujishima v. Board of Education (1972)






this social issues

Answer 1

Answer:

Schenck v. United States (1919)

Explanation:

During World War I, Charles Schenck, the general secretary of the U.S. Socialist Party, distributed leaflets opposing the implementation of a military draft since it violated the 13th Amendment prohibition against involuntary servitude, and urged people to disobey the draft, through peaceful action.

Soon enough, Schenck was charged with violating the Espionage Act of 1917 by attempting to cause insubordination in the military and to disrupt the recruitment process. While pleading its case, also referred to as the Schenck v. United States case, he alleged that the Espionage Act was unconstitutional as it violated the freedom of speech and of the press under the 1rst Amendment.

However, the Court ruled that the First Amendment didn't protect freedom of speech during war times, and that " anti-war leaflets" as well as forms of expressions that oppose to the war efforts represented a clear and present danger toward the war efforts.

Answer 2

The answer for this question is Schenck v. United States(1919)