http://www.oyez.org/cases/1901-1939/1918/ U.S. Supreme Court Decisions, presented by The Oyez Project (www.oyez.org) en-us <p>Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?</p><p>Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this situation. The character of every act depends on the circumstances. "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." During wartime, utterances tolerable in peacetime can be punished.</p> http://www.oyez.org/cases/1901-1939/1918/1918_437/