USA HISTORY

THE 1970S 1969 1979

SUPREME COURT CASE ROE V WADE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which case introduced the “clear and present danger” doctrine for judging free speech?
A
Schenck v US
B
US v Nixon
C
Plessy v Ferguson
D
Brown v Board of Education
Explanation: 

Detailed explanation-1: -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-2: -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-3: -Dennis (1950): “Clear and present danger depends upon whether the mischief of the repression is greater than the gravity of the evil, discounted by its improbability.” Vinson embraced this rephrasing when Dennis was appealed to the Supreme Court in Dennis v. United States (1951).

Detailed explanation-4: -The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority.

There is 1 question to complete.