I. REGULATION OF SPEECH BECAUSE OF ITS CONTENT
Schenck v. United States (S.Ct. 1919)
Ds mailed leaflets demanding that the public “Assert Your Rights” and peacefully express opposition to the draft during World War One.
May the First Amendment protection of expression and criticism be limited?
(Holmes, J.) The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests.