Question

Explain the clear and present danger principle that justice holmes enunciated in the schenck decision

Answer 1

During World War I Antiwar protests gave rise to many significant free speech cases related to issues and fomenting violence. In the 1919 case Schenck v. United States, the Supreme Court pointed that an antiwar activist did not have a First Amendment right to tribunal draft resistance.

Justice Holmes proposed the clear and present danger test, that would become a vital concept in First Amendment law; but the Schenck decision did not formally accept the test. 

Holmes soon wrote his intention about the clear and present danger test. He intended the said test to refine, not replace, the bad tendency test.

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