Arguments for and against the 'Clear and Present Danger' Test in Schenck

📚 Clear and Present Danger: A Quick Study Guide

• 📜 Origin: The 'Clear and Present Danger' test originated in the 1919 Supreme Court case *Schenck v. United States*.
• 👨‍⚖️ Justice Holmes: Justice Oliver Wendell Holmes Jr. articulated the test in the Court's opinion.
• 🗣️ Schenck's Actions: Charles Schenck was convicted under the Espionage Act of 1917 for distributing leaflets urging people to resist the draft during World War I.
• ⚖️ The Test Defined: The test asks 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.
• ⚠️ Limits on Free Speech: The test acknowledges that the First Amendment's protection of free speech is not absolute, especially during times of war or national crisis.
• 🔨 Later Modifications: The 'Clear and Present Danger' test has been refined and modified over time by subsequent Supreme Court cases, like *Brandenburg v. Ohio* which introduced the 'imminent lawless action' standard.
• 🇺🇸 Espionage Act: The Espionage Act of 1917 made it a crime to interfere with the military or to promote the success of the enemies of the United States.

🤔 Practice Quiz

1. Which Supreme Court case established the 'Clear and Present Danger' test?
   1. A. *Miranda v. Arizona*
   2. B. *Brown v. Board of Education*
   3. C. *Schenck v. United States*
   4. D. *Marbury v. Madison*
2. Who authored the Supreme Court's opinion in *Schenck v. United States*, articulating the 'Clear and Present Danger' test?
   1. A. Chief Justice John Roberts
   2. B. Justice Antonin Scalia
   3. C. Justice Oliver Wendell Holmes Jr.
   4. D. Justice Thurgood Marshall
3. What was Charles Schenck convicted of under the Espionage Act of 1917?
   1. A. Tax evasion
   2. B. Distributing leaflets urging resistance to the draft
   3. C. Bank robbery
   4. D. Treason
4. According to the 'Clear and Present Danger' test, when can speech be restricted?
   1. A. When it is unpopular
   2. B. When it creates a risk of violence
   3. C. When it leads to a clear and present danger of substantive evils Congress can prevent
   4. D. When it criticizes the government
5. Which Constitutional Amendment is most directly related to the 'Clear and Present Danger' test?
   1. A. The Second Amendment
   2. B. The Fourth Amendment
   3. C. The First Amendment
   4. D. The Fifth Amendment
6. Which later Supreme Court case significantly modified the 'Clear and Present Danger' test?
   1. A. *Gideon v. Wainwright*
   2. B. *Miranda v. Arizona*
   3. C. *Brandenburg v. Ohio*
   4. D. *Roe v. Wade*
7. What does the Espionage Act of 1917 generally prohibit?
   1. A. Criticism of the President
   2. B. Interference with the military and aiding enemies of the U.S.
   3. C. Public protests
   4. D. Unfair business practices