Refer to the passage. Based on the passage, which of the following
statements best explains how the government can limit
free speech?
Free speech may be suspended when the United
States is at war.
O Congress has a right to abolish free speech because
it has a duty to protect the public.
We admit that, in many places and in ordinary times,
the defendants... would have been within their
constitutional rights. But the character of every act
depends upon the circumstances in which it is done. . .
. The most stringent protection of free speech would not
protect a man in falsely shouting fire in a theatre and
causing a panic. ... The question in every case is
whether the words used are used in such
circumstances and are of such a nature as to create a
clear and present danger that they will bring about the
substantive evils that Congress has a right to prevent. It
is a question of proximity and degree. 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
O Restrictions on free speech are unconstitutional
because free speech is a basic right guaranteed by
the First Amendment.
O Free speech ordinarily protected by the First
Amendment is subject to restriction when it reliably
and immediately threatens the public.