Pros And Cons Of Freedom Of Speech: Schenck V. United States

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Freedom of Speech has a range of things that are both allowed and not allowed. Most of the time, we only have limitations because cases that make its way to the Supreme Court is determined if it is Constitutional. As an example, Schenck v. United States established that someone couldn’t go into a theater and falsely yell that there was a fire which could cause a chaotic commotion that could potentially harm other citizens and create casualities or minor injuries that could be avoided. This is why the clear and present danger test was created to avoid events like that from happening. The Miller Test established in Miller v. California, tested the obscenity of speech acts in the case if it was not protected by the First Amendment. It would question if the act pertains to the individual’s interest, if the act was patently offensive, and if the act lacks any form of educational value. If the act in question satisfies all three requiremnets, it would be considered obscene and therefore, unconstitutional. …show more content…
Johnson is a renown for the case of US flag burning as a way to protest and that would file as symbolic freedom of speech which was determined as constutional; because although that Johnson’s actions would arose anger in other people, his actions were of no harm to anyone else but as a simple way to