in Schenck v. United States, "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." He waved away the First Amendment consideration. When the government declared war on the first amendment Tracin...
Before the government may punish someone who has published scurrilous political material, the Court in Schenck said, it must demonstrate that the material was published with the intent or tendency to precipitate illegal activity and that it created a clear and present danger that such activity ...
InGitlowv.New York(1925), for example, the Court upheld the conviction of Benjamin Gitlow for printing amanifestothat advocated the violent overthrow of the U.S. government, even though the manifesto’s publication did not create an “imminent and immediate danger” of the government’s ...