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Which issue was the focus of the supreme court decision Schenck v US 1919?
Wiki User
∙ 10y ago
The Supreme Court established the "clear and present danger" test that created an exception to constitutional protection under the First Amendment Free Speech Clause. The Court held the government's interest in promoting national security superseded the public's right to exercise free speech without restriction.
The doctrine was upheld less than a week later in Debs v. US, 249 US 211 (1919), but replaced later that year by the more restrictive "bad tendency" test established in a similar case, Abrams v. US, 250 US 616 (1919).
The current exception, established in Bradenburg v. Ohio,395 US 444 (1969) (also called the Ku Klux Klan case) allows greater freedom of expression by prohibiting the government from punishing inflammatory and offensive speech unless it is "directed to inciting and likely to incite imminent lawless action."
Case Citation:
Schenck v. United States, 249 U.S. 47 (1919)
For more information, see Related Questions, below.
Wiki User
∙ 12y ago
Wiki User
∙ 10y agoThe test that was established by the court case Schenck v US is the “clear and present danger” test. This test was put in place because of the 1st Amendment‘s free speech. People were causing mayhem by yelling things like Fire is a crowded place just to see chaos happen.
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