| Venue: | SCOTUS |
| Facts: | Schenck distributed leaflets denying the power of the government to send citizens to foreign shores to shoot up citizens of other lands. |
| Posture: | None discussed; charges of conspiracy to violate the espionage act of 1917. |
| Issue: | Can the government restrict speech this way? |
| Holding: | Yes. |
| Rule: | The clear and present danger test. |
| Reasoning: | The character of every act depends on the circumstances in which it is done. |
| Dicta: | |