" Schenck's appeal of his conviction reached the Supreme Court as Schenck v. United States,.

The " clear and present danger " test of Schenck was elaborated in Debs v. United States,.

" Gitlow v. New York, greatly expanded Schenck and Debs but established the general opinion of the Court that the First Amendment is incorporated by the Fourteenth Amendment to apply to the states.

In the 1919 case Schenck v. United States the Supreme Court held that an anti-war activist did not have a First Amendment right to speak out against the draft.

The clear and present danger test was established by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States, concerning the ability of the government to regulate speech against the draft during World War I:

Following Schenck v. United States, " clear and present danger " became both a public metaphor for First Amendment speech and a standard test in cases before the Court where a United States law limits a citizen's First Amendment rights ; the law is deemed to be constitutional if it can be shown that the language it prohibits poses a " clear and present danger ".

However, the " clear and present danger " criterion of the Schenck decision was replaced in 1969 by Brandenburg v. Ohio, and the test refined to determining whether the speech would provoke an " imminent lawless action ".

The vast majority of legal scholars have concluded that in writing the Schenck opinion Justice Holmes never meant to replace the " bad tendency " test which had been established in the 1868 English case R. v. Hicklin and incorporated into American jurisprudence in the 1904 Supreme Court case U. S. ex rel.

This is demonstrated by the use of the word " tendency " in Schenck itself, a paragraph in Schenck explaining that the success of speech in causing the actual harm was not a prerequisite for conviction, and use of the bad-tendency test in the simultaneous Frohwerk v. United States and Debs v. United States decisions ( both of which cite Schenck without using the words " clear and present danger ").

Having read Chafee's article, Holmes decided to retroactively reinterpret what he had meant by " clear and present danger " and accepted Chafee's characterization of the new test in his dissent in Abrams v. United States just six months after Schenck.

Justice Oliver Wendell Holmes, Jr. stated in his opinion that little attention was needed since Debs ' case was essentially the same as that of Schenck v. United States, in which the Court had upheld a similar conviction.

# REDIRECT Schenck v. United States

Schenck v. United States,, was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I.

* First Amendment Library entry for Schenck v. United States

* Schenck v. United States,

In 1919, the Supreme Court decided Schenck v. United States.

No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which it is a party ( e. g., Charles T. Schenck v. United States ).

In the process, Whitney v. California, was explicitly overruled, and doubt was cast on Schenck v. United States,, Abrams v. United States,, and Dennis v. United States,.

* Strasburger, Noll, Schenck, Schimper: Lehrbuch der Botanik für Hochschulen.

* 1998 – Ernst-Günther Schenck, German physician ( b. 1904 )

The harp found its early orchestral use in concerti by many baroque and classical composers ( Handel, J. C. Bach, Mozart, Albrechtsberger, Schenck, Dussek, Spohr ) and in the opera houses of London, Paris and Berlin and most other capitals.

Leftover funds from her work selling Liberty Bonds were put toward its creation, and in 1921, the Motion Picture Relief Fund ( MPRF ) was officially incorporated, with Joseph Schenck voted its first president and Mary Pickford as its vice president.

* 1969 – Nicholas Schenck, Russian-born film empresario ( b. 1881 )

In the midst of World War I, Charles Schenck, then the general secretary of the Socialist party, was found guilty of violating the Espionage Act after a search of the Socialist headquarters revealed a book of Executive Committee minutes.

According to Schenck, the Espionage Act violated the Free Speech Clause of the First Amendment.

Now the Supreme Court referred to the right to speak openly of violent action and revolution in broad terms: Brandenburg discarded the " clear and present danger " test introduced in Schenck and further eroded Dennis.

Robert C. Schenck, U. S. Ambassador to Britain, was involved with the Emma Silver Mine scandal, however, this embarrassment was not directly associated with President Grant or the State Department.

Composers such as Marin Marais, Johann Sebastian Bach, Johannes Schenck, Antoine Forqueray, and Carl Friedrich Abel wrote virtuoso music for it.

* March 4 – Nicholas Schenck, Russian-born film empresario ( b. 1881 )

* October 22 – Joseph Schenck, Russian-born film studio executive ( b. 1878 )

* March 3 – The Supreme Court of the United States upholds the conviction of Charles Schenck.

* November 14 – Nicholas Schenck, Russian-born film studio executive ( d. 1969 )

* Ferdinand Schureman Schenck ( 1790 – 1860 ) was an American politician who represented New Jersey in the United States House of Representatives from 1833-1837.

Schenck appealed to the United States Supreme Court, arguing that the court decision violated his First Amendment rights.

In Schenck, the petitioners, members of the Socialist Party, were convicted of violating the Espionage Act of 1917 for printing and distributing circulars asserting that American citizens had a right to oppose the draft during World War I because, among other things, it violated the United States Constitution.

Twentieth Century Pictures was an independent Hollywood motion picture production company created in 1933 by Joseph Schenck ( the former president of United Artists ), Darryl F. Zanuck from Warner Brothers, William Goetz from Fox Films, and Raymond Griffith.

In his majority opinion, Justice Holmes introduced the clear and present danger test, which would become an important concept in First Amendment law ; but the Schenck decision did not formally adopt the test.

In his opinion, Justice Oliver Wendell Holmes, Jr. stated that little attention was needed since Debs's case was essentially the same as Schenck v. United States, where the Court upheld a similar conviction.

" Shouting fire in a crowded theatre " is a popular metaphor and frequent paraphrasing of Oliver Wendell Holmes, Jr .' s opinion in the United States Supreme Court case Schenck v. United States in 1919.

In a 7 – 2 decision, Chief Justice Hughes followed the logic of the Holmes doctrine introduced in Schenck, and concluded on 18 May 1931 that the broad red flag ban was too vague, and could be used to disrupt the constitutionally-protected opposition by citizenry to those in power.

Darmstadt is a centre for the pharmaceutical and chemical industry, with Merck, Röhm and Schenck RoTec ( part of The Dürr Group ) having their main plants and centres here.

Schenck House was built in 1846 for Ulysses P. Schenck, a Swiss riverboat captain who owned a fleet of flat bottom river boats.

Charles Schenck was the Secretary of the Socialist Party of America and was responsible for printing, distributing, and mailing to prospective military draftees during World War I, including 15, 000 leaflets that advocated opposition to the draft.

The Schenck decision promulgated the clear and present danger test which provided the standard for sustaining a conviction when speech is relied upon as evidence that an offense has been committed.

Schenck, who had been a UA stockholder for over ten years, resigned from United Artists in protest of the shoddy treatment of Twentieth Century, and Zanuck began discussions with other distributors, which led to talks with the foundering giant, Fox.

On the advice of Joseph Schenck she relented and returned to Hollywood to prepare for a new picture.

However, at Kennedy's advice Swanson had sold her distribution rights for the film to Schenck as Kennedy felt it would be a commercial failure.

Schenck, an anti-war Socialist, had been convicted of violating the Act when he sent anti-draft pamphlets to men eligible for the draft.

Loos and Emerson turned down another picture with Davies, preferring to write for their old friend Constance Talmadge, whose brother-in-law Joseph Schenck ( husband of Norma Talmadge ) was an independent producer.

After one more film for Constance, The Perfect Woman ( 1920 ), Emerson refused another contract with Schenck, who had become disenchanted with the film industry.

Noted for his long service, his concise and pithy opinions and his deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for his " clear and present danger " majority opinion in the 1919 case of Schenck v. United States, and is one of the most influential American common law judges through his outspoken judicial restraint philosophy.

He also fought for the Protestant Elector of Cologne, Gebhard Truchsess von Waldburg, and fought with the Dutch soldier of fortune, Martin Schenck von Nydeggen in Westphalia.

On September 30 of that year he married Maria Schenck ( 1726 – 1771 ) and the house became their home for the rest of their lives.

The Reverend Rob Schenck, who leads a Bible study on the Hill inspired by C Street, wrote that “ all ministries in Washington need to protect the confidence of those we minister to, and I'm sure that ’ s a primary motive for C Street's low profile .” But he added, “ I think The Fellowship has been just a tad bit too clandestine .”