When U.S. Supreme Court Justice Oliver Wendell Holmes, Jr., declared that the Court had established a "clear and present danger" that limited the right of free speech during wartime, he and the Court were upholding the constitutionality of the .

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Justice Oliver Wendell Holmes, Jr., made the "clear and present danger" statement in the context of upholding the Espionage Act during World War I, particularly in cases related to speech that could potentially harm the U.S. war effort or aid its enemies.

When US Supreme Court Justice Oliver Wendell Holmes, Jr