1. In Schenck v US, 249 U.S. 47 (1919), members of the socialist group distributed antiwar circulars to new military recruits in violation of the Espionage Act. The Court held that words are not protected by the First Amendment when they are used in a way that bring about substantive evils to which Congress has a right to prevent. This clear and present danger test was subsequently used in Abrams v. US 250 U.S. 616 (1919) and Gitlow v New York, 268 U.S. 652 (1925). In Abrams, the Court upheld the conviction of the defendants on the grounds of clear and ...
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