The Volokh Conspiracy
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Today in Supreme Court History: March 3, 2019
3/3/2019: Schenck v. United States decided.
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OK. I have to take back, Holmes has never been wrong. In this case, there was massive denial of the self evident truth of the simple language of the constitution.
Schenck is an execrable decision.
I think that’s an exaggeration. It’s true it took a hundred years to decide it (the case was argued in 1919) but it wasn’t an issue the Court was eager to face too quickly.