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Asked by: Emerald Zschauer
news and politics lawWhen did Holmes believe it was acceptable to restrict freedom of speech?
Herein, is it ever right for governments to restrict freedom of speech?
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws.
Similarly, you may ask, what is the classic example of a constitutionally permissible restriction on free speech?
These restrictions can include include the incitement to crime (such as falsely yelling “Fire! ” in a crowded movie theater); fighting words (which are words that are likely to induce the listener to get in a fight); true threats; obscenity; child pornography; defamation; invasion of privacy; intentional infliction of
The "clear and present danger" test is a basic principle for deciding the limits of free speech. It was set by the famous Schenck v. the United States case from World War I. Antiwar activist Charles Schenck was arrested for sending leaflets to prospective army draftees encouraging them to ignore their draft notices.