Clear and Present Danger Test Implications

Very Hard Unit 3: Civil Liberties & Rights Freedom Of Speech

In the landmark case of Schenck v. United States (1919), the Supreme Court articulated the 'clear and present danger' test regarding the limits of free speech under the First Amendment. This case involved Charles Schenck, who was convicted for distributing leaflets urging resistance to the military draft during World War I. The decision rendered by Justice Oliver Wendell Holmes, Jr. suggested that free speech is not absolute and could be restricted in certain contexts.

Reflecting on this ruling, which of the following statements accurately characterizes the implications of the 'clear and present danger' test as established by the Court in this case?

The 'clear and present danger' test allows for restrictions on speech that is offensive or unpopular.

The 'clear and present danger' test permits the government to limit speech that is directly inciting illegal actions.

The 'clear and present danger' test is primarily concerned with limiting speech in private conversations.

The 'clear and present danger' test asserts that speech can only be restricted if it poses an immediate threat to public safety.

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