World War I: Home Front

AP US History· difficulty 3/5

"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 a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." — Justice Oliver Wendell Holmes, Schenck v. United States, 1919

The "clear and present danger" test articulated here was crafted to justify which wartime policy?

  • A

    Internment of German Americans in camps in the West

  • B

    Selective Service registration of immigrants

  • C

    Federal regulation of war profiteering by munitions firms

  • D

    Prosecution of antiwar activists under the Espionage Act of 1917

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Explanation

Schenck involved a Socialist convicted under the Espionage Act for distributing antidraft leaflets; Holmes upheld the conviction.

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