The case of Schenck v. United States (1919) involved a man- Charles Schenck-who-during World War I- was caught mailing
leaflets to men encouraging them to resist the military draft. He was arrested for violation of the Espionage Act of 1917,
which made it a Federal crime to interfere in any way with military operations or recruitment and to encourage
insubordination in the military. Schenck challenged his arrest and the law, using as his defense the First Amendment's
guarantee of freedom of speech. In a unanimous decision, the Supreme Court ruled that the defendant's First Amendment
rights to free speech were not protected because they presented a clear and present danger to the United States during a
state of war.
This passage BEST exemplifies which of these situations?
A.) First Amendment rights are absolute.
B.)Federal courts are instrumental in checking the power of Congress.
C.) Judicial activism can establish precedents that reach decades beyond a
specific incident
D.) There is balance between claims of individual freedom and the promotion
of public order and safety.