"The most stringent (constitutional) protection... would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.... 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. It is a question of proximity and degree. 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."

Question

The decision in this case is based on rights contained in
Responses
A Article I.Article I.
B the First Amendmentthe First Amendment
C the Second Amendmentthe Second Amendment
D the "Free Exercise" clause

Answer 1

The decision in this case is based on rights contained in B the First Amendment. The excerpt discusses limitations on free speech, particularly in situations where that speech could create a "clear and present danger."