Posted on Aug 31, 2021
Lies, the First Amendment, and the limits of free speech
452
24
2
9
9
0
The unanimous opinion in Schenck v. United States ranks high on many lists of worst Supreme Court decisions for its constraints on free speech. The defendant was Charles T. Schenck, general secretary of the U.S. Socialist Party. He and his colleagues distributed flyers opposing the draft during World War I. The court ruled that their free speech rights could be restricted, since obstruction of the draft violated the Espionage Act of 1917.
In his opinion, Justice Oliver Wendell Holmes wrote:
“Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment, may become subject to prohibition when of such a nature and used in such circumstances as to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent.”
Holmes’ argument also included the idea that “The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic.”
In his opinion, Justice Oliver Wendell Holmes wrote:
“Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment, may become subject to prohibition when of such a nature and used in such circumstances as to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent.”
Holmes’ argument also included the idea that “The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic.”
Lies, the First Amendment, and the limits of free speech
Posted from kuow.orgPosted in these groups: 
Freedom of Speech
1st Amendment
Supreme Court
WWI
Selective Service (the Draft)
Freedom of Speech 1st Amendment Supreme Court WWI Selective Service (the Draft)
Posted >1 y ago
Responses: 2
12
12
0
3
3
0
PO1 William "Chip" Nagel
..."Mr. Schenck spent 10 years in federal prison for sedition and obstruction. Holmes went on to defend free speech rights in other cases. He argued that Mr. Schenck’s actions constituted a crime in wartime only.
Ideas about what constitutes free and false speech, and "clear and present danger" changed in subsequent years. The Schenck decision was partially overturned in 1969, but we still face many of the same questions: What are the limits to free speech? Does misinformation sometimes present a clear and present danger? When is false speech punishable, and who is best qualified to make such determinations?
Legal scholar Cass Sunstein has been grappling with these questions. His new book is Liars: Falsehoods and Free Speech in an Age of Deception. In this talk, you’ll hear how his initial inkling of how to confront lying and misinformation led to unexpected conclusions.
Cass Sunstein is a professor at Harvard University, and the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He served as administrator of the White House Office of Information and Regulatory Affairs in the Obama administration. He serves the Biden administration as a senior counselor to the Department of Homeland Security.
Town Hall Seattle presented this event on April 1, 2021, as part of their Civics series. Town Hall’s Candace Wilkinson-Davis moderated the program."
..."Mr. Schenck spent 10 years in federal prison for sedition and obstruction. Holmes went on to defend free speech rights in other cases. He argued that Mr. Schenck’s actions constituted a crime in wartime only.
Ideas about what constitutes free and false speech, and "clear and present danger" changed in subsequent years. The Schenck decision was partially overturned in 1969, but we still face many of the same questions: What are the limits to free speech? Does misinformation sometimes present a clear and present danger? When is false speech punishable, and who is best qualified to make such determinations?
Legal scholar Cass Sunstein has been grappling with these questions. His new book is Liars: Falsehoods and Free Speech in an Age of Deception. In this talk, you’ll hear how his initial inkling of how to confront lying and misinformation led to unexpected conclusions.
Cass Sunstein is a professor at Harvard University, and the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He served as administrator of the White House Office of Information and Regulatory Affairs in the Obama administration. He serves the Biden administration as a senior counselor to the Department of Homeland Security.
Town Hall Seattle presented this event on April 1, 2021, as part of their Civics series. Town Hall’s Candace Wilkinson-Davis moderated the program."
(3)
(0)
Read This Next
Continue with Facebook 
Continue with Google