Topic 4 DQ 1 According to the Schenck decision, is there a legal or philosophical argument for unlimited free speech, since "speech" is an expressed right of the First Amendment? If not unlimited, how and when can speech be restricted? Explain your answer.
The Schenck v. United States ruling in 1919 by the Supreme Court of the United States introduced the "clear and present danger" criterion to assess when speech may be limited. Speech can be limited if it presents a "clear and present danger" to the security of the United States or the rights of others, as indicated by this criteria. The First Amendment protects free speech but can be restricted if the speech endangers public safety or the rights of others. Put simply, there is no justification for unrestricted free speech, given the First Amendment permits
limitations on expression that presents an immediate threat.
