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 Justice Oliver Wendell Holmes Jr.'s famous analogy regarding free speech, and what did it imply?

Explain the significance of the phrase 'clear and present danger' as it relates to free speech.