A Right to Go Dark (?)

By David C. Gray Abstract In 2013, reports based on documents leaked by former National Security Agency contractor Edward Snowden revealed committed efforts by federal agencies to develop and deploy data surveillance technologies. These revelations documented the...

Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence

By Larry Alexander Abstract In 1919, in Schenck v. United States and Abrams v. United States, the U.S. Supreme Court made its initial foray into establishing the meaning of the First Amendment’s free speech clause. Those cases involved prosecutions that were...

The Clear and Present Dangers of the Clear and Present Danger Test: Schenck and Abrams Revisited

By Ronald J. Krotoszynski, Jr. Abstract Justice Oliver Wendell Holmes pioneered the clear and present danger test as the constitutional yardstick for determining when the government could punish speech that might cause social harms. The Supreme Court’s decision...