The White Court (1910–21)


CourtSpeak: Schenck v. United States
Clear and Present Danger Test (1919)

Justice Oliver Wendell Holmes (unanimous): “The question in every case is whether the words 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. It is a question of proximity and degree.”


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