Limits to free speech were constitutional during national emergencies.
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Plessy v. Ferguson, (1896) and Schenck v. United States, (1919) are two completely unrelated US Supreme Court cases. For more information on these cases, see Related Questions, below.
(in the US) The US Supreme Court.
In theory, any court can decide this, but only the decisions of the US Supreme Court are binding in regards to the US constitution (for State constitutions, the state's Supreme Court is generally the final arbiter... the US Supreme Court might rule that a particular provision in a state's constitution is not compatible with the US constitution, but usually will let the state court decide for itself in strictly internal matters.)
Supreme Court Justice Oliver Wendell Holmes joined the Court majority in upholding Schenck's conviction in the 1919 case Schenck v. United States. Schenck, an anti-war Socialist, had been convicted of violating the Act, after he published a pamphlet urging resistance to the World War I draft. Later court decisions have cast serious doubt upon the constitutionality of the Espionage Act.
The US Supreme Court serves as the final court of appeal
In Schenck v. United States, the Supreme Court said that speech could be more dangerous to the country when it creates a "clear and present danger" of bringing about harmful or dangerous actions that the government has the right to prevent.
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