The Court's Decision
The Court, in a unanimous opinion written by Justice Oliver Wendell Holmes, Jr., held that Schenck's criminal conviction was constitutional. The First Amendment did not protect speech encouraging insubordination, since, "when a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." In other words, the court held, the circumstances of wartime permit greater restrictions on free speech than would be allowed during peacetime.
In the opinion's most famous passage, Justice Holmes sets out the "clear and present danger" test:
- The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
The phrase "shouting fire in a crowded theater" was also paraphrased from this portion of the Court's opinion.
Charles Schenck consequently spent six months in prison.
Read more about this topic: Schenck V. United States
Famous quotes containing the words court decision, court and/or decision:
“We should have learnt by now that laws and court decisions can only point the way. They can establish criteria of right and wrong. And they can provide a basis for rooting out the evils of bigotry and racism. But they cannot wipe away centuries of oppression and injustice—however much we might desire it.”
—Hubert H. Humphrey (1911–1978)
“In government offices which are sensitive to the vehemence and passion of mass sentiment public men have no sure tenure. They are in effect perpetual office seekers, always on trial for their political lives, always required to court their restless constituents.”
—Walter Lippmann (1889–1974)
“There are many things children accept as “grown-up things” over when they have no control and for which they have no responsibility—for instance, weddings, having babies, buying houses, and driving cars. Parents who are separating really need to help their children put divorce on that grown-up list, so that children do not see themselves as the cause of their parents’ decision to live apart.”
—Fred Rogers (20th century)