The Constitution of the United States protects the right to freedom of speech. According to the majority opinion offered from the case Schenck vs United States, how did the Supreme Court decide that the right of freedom of speech is not absolute?

Question

Responses
A If the speech is symbolic in nature then it is not allowed.
If the speech is symbolic in nature then it is not allowed.
B If the speech creates a danger to the United States it is not allowed.
If the speech creates a danger to the United States it is not allowed.
C If the speech reflects negatively on someone’s character then it is not allowed.
If the speech reflects negatively on someone’s character then it is not allowed.
D If the speech exposes classified information from the United States then it is not allowed.

Answer 1

The correct response is:

B If the speech creates a danger to the United States it is not allowed.

In the majority opinion of Schenck v. United States (1919), Justice Oliver Wendell Holmes, Jr. articulated the "clear and present danger" test, which establishes that speech is not protected under the First Amendment if it poses a significant risk of leading to harm that Congress has the right to prevent. In this case, Schenck's speech was deemed to create a clear and present danger of obstructing the draft during World War I.