Clear and Present Danger Doctrine
According to the excerpt, what was the Court’s rationale for upholding restrictions on free speech during wartime?
“While the right to free speech must be upheld, it is not absolute, especially in circumstances of grave national danger. In the present cases, the words used have the potential to incite disobedience and obstruct the nation’s war effort. It is the duty of the Court to recognize that some expressions can threaten public order. I maintain that when speech incites immediate harm, it loses the protection ordinarily granted by the Constitution. Consequently, actions motivated by such speech must be restrained to prevent turmoil.”
Oliver Wendell Holmes, Jr., Opinion of the Court, Schenck v. United States, 1919
Because speech that poses a clear and present danger to national security can justifiably be limited.
Because all criticisms of the government should be suppressed during wartime to maintain unity.
Because free speech is an outdated concept that no longer applies in modern warfare.
Because the government has absolute power to censor any form of dissent without justification.
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