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Justice Oliver Wendell Holmes, in his written opinion of the Schenck case said, When a nation is at war many things that might be said
Justice Oliver Wendell Holmes, in his written opinion of the Schenck case said, When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no court could regard them as protected by any constitutional right. Holmes, in this opinion, is describing the following in denying First Amendment speech protections to Charles Schenck:
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prior restraint
actual malice
ordinary scrutiny
fighting words
a clear and present danger
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