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History 8 Online
OpenStudy (anonymous):

"But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic… The question in every case is whether the words used are used in such circumstances and are of such a nature as to create clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." —Justice Oliver Wendell Holmes in the majority opinion for Schenck v. United States

OpenStudy (anonymous):

The quote above presents the "clear and present danger" test, which can be used to limit a person's right to free speech. Why are rights guaranteed in the Constitution limited instead of absolute?

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