Which case is associated with the principle that First Amendment protection is not absolute in wartime?

• A. Wisconsin v. Yoder
• B. Bethel School District v. Fraser
• C. Schenck v. United States
• D. Tinker v. Des Moines

Answer: (C)

During wartime, speech that threatens the war effort can be restricted. Schenck v. United States is the case that formalizes this idea, upholding limits on speech because distributing anti-draft materials during World War I created a clear and present danger to national security. The Court introduced the clear and present danger standard, explaining that the First Amendment doesn’t protect speech if it would likely bring about serious harm in the near term. The famous analogy about falsely shouting fire in a theater is used to illustrate how protective speech has boundaries when public safety or the war effort is at risk. The other cases focus on school settings or religious freedom and don’t address wartime restrictions, so they don’t illustrate this principle.