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.
–Schenck v. United States
Use the excerpt to answer the question.
3. In this excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? (1 point)
The constitutional protection of free speech is absolute, and each person has a right to express his or herself however he or she wishes.
The government has the authority to prohibit or limit free speech whenever it wants and for any reason.
The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned.
The public has the responsibility to decide when people are abusing their right to free speech.
9. What criteria might a judge who abides by a philosophy of judicial restraint use to decide a case? (1 point) The judge would consider previous court decisions on the topic but ultimately consider the current circumstances and
Thank you Ms.Sue for answering my last question. I have one another question that I has hard time understanding.... "the circumstances that may contributto the development of this condition." I have no idea what she is asking.
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