Matches in DBpedia 2015-10 for { ?s ?p "Schenck v. United States, 249 U.S. 47 (1919), is a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in a famous opinion by Justice Oliver Wendell Holmes, Jr., concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished.The Court continued to follow this reasoning to uphold a series of convictions arising out of prosecutions during war time, but Holmes began to dissent in the case of Abrams v. United States, insisting that the Court had departed from the standard he had crafted for them, and had begun to allow punishment for ideas. The "clear and present danger" standard remains the test of criminal prosecutions, but the Court has set another line of precedents to govern cases in which the constitutionality of a statute is challenged on its face."@en }
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- Schenck_v._United_States abstract "Schenck v. United States, 249 U.S. 47 (1919), is a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in a famous opinion by Justice Oliver Wendell Holmes, Jr., concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished.The Court continued to follow this reasoning to uphold a series of convictions arising out of prosecutions during war time, but Holmes began to dissent in the case of Abrams v. United States, insisting that the Court had departed from the standard he had crafted for them, and had begun to allow punishment for ideas. The "clear and present danger" standard remains the test of criminal prosecutions, but the Court has set another line of precedents to govern cases in which the constitutionality of a statute is challenged on its face.".