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 Defining Freedom > Freedom of Speech > Answer to Question 1 No. The government may regulate the time, place and manner of your speech to protect others’ rights. For example, you cannot falsely shout “Fire!” in a crowded theater. Schenck v. U.S. (1919) Falsely shouting fire in a crowded theater is a reference to the Schenck v. U.S. case. During World War I, Charles Schenck sent out circulars against the Conscription Act, which authorized the government to draft men into the military. The government charged Schenck with conspiracy to violate the Espionage Act by trying to obstruct military recruitment and cause insubordination. In this case, the Supreme Court ruled that freedom of speech can be limited during war time. The Schenck case established the idea that a speech’s context and circumstances matter when determining whether it has First Amendment protection. The Schenck decision created the “clear and present danger” test. It’s a standard that courts used in balancing the interests of individual rights with the government’s interest. It was later overturned in 1969 in Brandenburg v. Ohio, which evolved into the “imminent threat” test. Ward vs. Rock Against Racism (1989) The Court’s decision in Ward vs. Rock Against Racism reaffirmed that the government can place reasonable time, place, and manner restrictions on First Amendment speech. New York City required the use of city-provided sound systems and technicians for concerts in Central Park. This was in response to loud noise complaints from area residents. Members of the rock group claimed that this requirement interfered with their First Amendment rights of expression. The Court ruled that the regulations were a reasonable restriction because of the city’s interest in maintaining order. Along with Ward vs. Rock Against Racism (1989) the time, place, and manner test evolved from a variety of court cases such as Brandenburg v. Ohio (1969) and Schenck v. U.S. (1919). Some other notable time, place, and manner rulings include Madsen v. Women’s Health Center, Inc. (1994), Police Dept. of Chicago v. Mosley (1972), and Million Youth March, Inc. v. Safir (1998). Back to Freedom of Speech Questions |
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