USA HISTORY

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THE 1970S 1969 1979

SUPREME COURT CASE ROE V WADE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
(1919) The Supreme Court (in a unanimous opinion by Justice Oliver Wendell Holmes) announced the “clear and present danger” test. Whether or not the words used or expressed by an individual are of such nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent (not shouting fire in a movie theatre)
A
Schenck v. US
B
Roth v. US
C
Shaw v. Reno
D
US v. Nixon
Explanation: 

Detailed explanation-1: -The clear and present danger test features two independent conditions: first, the speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. The court had to identify and quantify both the nature of the threatened evil and the imminence of the perceived danger.

Detailed explanation-2: -United States, 249 U.S. 47 (1919) If speech is intended to result in a crime, and there is a clear and present danger that it actually will result in a crime, the First Amendment does not protect the speaker from government action.

Detailed explanation-3: -In Schenck v. United States (1919), the Supreme Court invented the famous “clear and present danger” test to determine when a state could constitutionally limit an individual’s free speech rights under the First Amendment.

Detailed explanation-4: -Holmes created the clear and present danger test Holmes wrote some of the most significant free speech decisions ever handed down by the Court.

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