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The clear and present danger test was established in Schenck.

Facts: Schenck, a member of the Socialist Party, made leaflets opposed to the draftand violated the Espionage Act of 1917.

Decision: The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests.

sources: law class

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14y ago

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