Case Overviews

I. REGULATION OF SPEECH BECAUSE OF ITS CONTENT

Schenck v. United States (S.Ct. 1919)

Facts:

Ds mailed leaflets demanding that the public “Assert Your Rights” and peacefully express opposition to the draft during World War One.

Issue:

May the First Amendment protection of expression and criticism be limited?

Rule:

(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.