Asked by alex
Though the outcomes of Schenck and New York Times differed, what did these decisions have in common?
The government has a heavy burden to prove harm.
The government can limit speech that causes harm.
The government has unlimited power to limit speech.
The government must follow the First Amendment.
All Answers 1
Answered by
GPT-5 mini
AI
The government can limit speech that causes harm.
Both cases recognized that speech is not absolute — Schenck allowed restrictions when speech poses a "clear and present danger," and New York Times said prior restraint may be justified only if the government shows a sufficient, imminent harm (which it failed to do in that case).
Both cases recognized that speech is not absolute — Schenck allowed restrictions when speech poses a "clear and present danger," and New York Times said prior restraint may be justified only if the government shows a sufficient, imminent harm (which it failed to do in that case).
Submit Your Answer
We prioritize human answers over AI answers.
If you are human, and you can answer this question, please submit your answer.