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Which Supreme Court had an issue with the freedom of speech over the right to distribute antiwar leaflets ?

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User Eric Pi
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Final answer:

The Supreme Court case that had an issue with the freedom of speech over the right to distribute antiwar leaflets was Schenck v. United States. Here, the court ruled that during wartime, certain restrictions on free speech, such as dissent that poses a 'clear and present danger' to the nation's safety, may be justified.

Step-by-step explanation:

The Supreme Court case revolving around the issue of freedom of speech and the right to distribute antiwar leaflets is Schenck v. United States. This landmark case from 1919 involved Charles Schenck, a leader of the Socialist Party, who faced legal repercussions for distributing antiwar leaflets urging young men to resist conscription. The Supreme Court upheld the conviction under the Espionage and Sedition Acts, stating that such dissent posed a 'clear and present danger' to the nation's safety during a time of war.

The judge's decision relied strongly on an analogy pointed out by Justice Oliver Wendell Holmes. He stated that the First Amendment did not cover speech that posed significant potential harm to society, comparing it to falsely shouting 'fire!' in a crowded theater. Although much of the Espionage and Sedition Acts were later repealed, this case set a precedent for how the government and higher courts would handle similar cases related to the freedom of speech during times of war.

Learn more about Schenck v. United States

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User Ching
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