Justice Oliver Wendell Holmes, Jr., Zechariah Chafee, Jr., and the Clear and Present Danger Test for Free Speech: The First Year, 1919

@article{Ragan1971JusticeOW,
  title={Justice Oliver Wendell Holmes, Jr., Zechariah Chafee, Jr., and the Clear and Present Danger Test for Free Speech: The First Year, 1919},
  author={Fred D. Ragan},
  journal={Conscience, Expression, and Privacy},
  year={1971}
}
  • Fred D. Ragan
  • Published 1 June 1971
  • Law
  • Conscience, Expression, and Privacy
TH near unanimity, historians have maintained that Justice Oliver Wendell Holmes, Jr., formulated a libertarian test for free speech in Schenck v. United States, decided by the Supreme Court on March 3, 1919. This case tested the constitutionality of the 1917 Espionage Act and provided the Court with an opportunity to voice its opinion regarding suppression of dissident anti-war opinions. In rendering the decision, Holmes promulgated the clear and present danger test for speech. His often… 
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