Polixxy
1919Unit 3 · Civil Liberties and Civil Rights

Schenck v. United States

The constitutional question

First Amendment — speech in wartime

The holding

Speech creating a 'clear and present danger' is not protected; free speech is not absolute.

Live legislation that raises this case (1)

S. 146 · 119thPublic Law 119-12

TAKE IT DOWN Act

Schenck established that speech protection has limits — the question is whether nonconsensual intimate imagery falls outside protection like other unprotected categories.