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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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Article V established what procedures?
Article V of the US Constitution is the process by which the Constitution can be altered or amended. The process is specific and relatively easy to understand.
What principle was established by US v Nixon in 1974?
Executive privilege is permitted as long as it does not interfere with due process.
What are the lasting effects of Schenk v. US?
It protected the use of the draft, introduced the phrase Shouting Fire in a Crowded Theatre, as well as the term Clear and Present Danger. Schenck did six months in jail as a result of this 9 - 0 decision.
What Supreme Court case established Federalism?
Gibbons v Ogden
What Article V established what procedure so the Constitution can be modified as necessary?
Article V (5) established the amendment procedure so the constitution could be modified as necessary.
