Schenck v United States Aftermath

Schenck v United States Aftermath

Introduction to Schenck v United States Aftermath

For fifty years after the Schenck case the Supreme Court applied the clear and present danger doctrine to cases involving freedom of speech. In the 1950s the Court expanded the scope of the doctrine so that it could be used in peacetime to allow for the incarceration of Communists who expressed ideas that most other Americans opposed. Ironically, Holmes and his colleague Justice Louis D. Brandeis modified their interpretation of the clear and present danger standard just six months after the Schenck case, in Abrams v. United States (1919). In his dissent of the Court's decision in Abrams, Holmes argued that only 'immediate' danger could serve as a precondition to suppress free speech. But Holmes did not convince the rest of the Court. In fact, the Supreme Court did not adopt this concept until a half century later in Brandenburg v. Ohio (1969).” (1)

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Notes and References

• Information about Schenck v United States Aftermath in the Encarta Online Encyclopedia

Guide to Schenck v United States Aftermath