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In Schenck v. United States, (1917), the case that established the clear and present danger test, the defendants' convictions were upheld because they were printing and distributing pamphlets designed to discourage drafted soldiers from fighting in World War I. The Court held the "clear and present danger" in this case was interfering with the federal government's recruiting effort during a time of war.
Another example mentioned was creating a panic by "shouting fire in a crowded theater," because the threat to the public outweighed the right to free speech.
This might be similar to shouting "Sale on XBox360!" in a crowded store.
Encouraging people to riot, particularly if the people seemed likely to act on the encouragement would represent a clear and present danger.
Case Citation:
Schenck v. United States, 249 US 47 (1919)
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When was Clear and Present Danger released?
Clear and Present Danger was released on 08/03/1994.
What was the effect of the clear and present danger ruling established in schenck vs us 1919?
placing limits on constitutional freedoms -Dave
What was established in Schenk v. US?
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
What was the effect of the Supreme Court decision described in this headline?
police were required to inform suspects of their right to remain silent and have a lawyer present during questioning the decision established the clear and present danger test judging free speech
Clear and present danger rule?
The clear and present danger rule states that a clear and present danger must be shown in order to prohibit a citizen's First Amendment rights. The rule was established in 1919 when used in the majority opinion by U.S. Supreme Court Justice Oliver Wendell Holmes, Jr for the case Schenck vs. United States.
