The clear and present danger test was established in Schenck.
Facts: Schenck, a member of the Socialist Party, made leaflets opposed to the draftand violated the Espionage Act of 1917.
Decision: The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests.
sources: law class
Copyright © 2026 eLLeNow.com All Rights Reserved.