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...

“And the Truth Shall Make You Free”: Schenck, Abrams, and a Hundred Years of History

By Rodney A. Smolla Abstract “And ye shall know the truth, and the truth shall make you free.” This biblical verse, from the Christian New Testament Gospel of John, is etched into the wall of the original main building of the Central Intelligence Agency,...