When Can Speech Be Banned? | Schenck v. United States

In 1917, Charles Shank, a Socialist Party leader, distributed anti-draft pamphlets during WWI, leading to his arrest under the Espionage Act. The case reached the Supreme Court, which ruled against Shank, establishing the 'clear and present danger' doctrine. This decision highlighted limits on free speech during wartime. The doctrine was later replaced by the Brandenburg test. The case remains pivotal in understanding First Amendment limitations.

What was the main message of the pamphlets distributed by Charles Shank?

• Resist the draft

• Join the Socialist Party

• Invest in Wall Street

• Support the draft

Under which act was Charles Shank charged for distributing pamphlets?

• The Sedition Act

• The Selective Service Act

• The Espionage Act

• The Patriot Act

What was the Supreme Court's decision regarding Shank's appeal?

• They sided with Shank

• They declared the Espionage Act unconstitutional

• They sided with the United States

• They refused to hear the case

What famous analogy did Justice Holmes use to explain the limitations of free speech?

• Yelling fire in a crowded theater

• Crying wolf in a village

• Announcing a storm in a calm sea

• Shouting danger in a public square

Which test replaced the clear and present danger doctrine?

• The Holmes Test

• The Brandenburg Test

• The Shank Test

• The Baer Test