Comment by Sacho
9 years ago
What you're saying is true - freedom of speech is not absolute, and there are well recognized, narrow exceptions to the First Amendment.
That said, Schenck is an awful example of them, considering:
- it does not advance your argument at all - Schenck was an anti-war protester who was trying to distribute flyers. Where's the "impinging on safety or rights of another citizen" there?
- it has been rejected and abandoned as a doctrine, most notably via Brandenburg vs Ohio.
(See https://www.theatlantic.com/national/archive/2012/11/its-tim...)
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