In light of a question about Irving and Holocaust denial [http://www.amherst.edu/askphilosophers/question/971], I wonder why free speech should be seen as an absolute principle which has no limits. It seems to me that practical wisdom dictates that in some cases for the good of society (for example, to avoid hate crimes) free speech must have certain limits. I have no idea how to determine those limits and I suspect that there isn't any formula, but perhaps you people can clarify the issue. Thanks.
Well, there is such a formula, actually, the so-called clear and present danger test . This goes back to an opinion Supreme Court Justice Oliver Wendell Holmes composed in regard to the case Schenk v. United States (1919). Schenk was general secretary of the American Socialist Party and had been convicted under the Espionage Act with inciting young men not to enlist for World War I. The Court rejected his appeal, judging, in the words of Holmes, that Schenk's "words create a clear and present danger that they will bring about substantive evils Congress has a right to prevent." Holmes likened Schenk's utterance to that of someone fortuitously shouting "fire" in a crowded theater. Subsequent jurisprudence narrowed the test in the direction of requiring that the danger, to count as "present," must be imminent. This undermined Holmes's analogy: The cry of "fire" creates an immediate danger, while Schenk's 15,000 leaflets could not have undermined the US war effort except over a considerable time...
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