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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...)