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What Amendment is involved when the US Supreme Court uses the 'clear and present danger' test when making a decision?
The First Amendment (Free Speech Clause)
BUT...
The "clear and present danger" test established in Schenck v. US, 249 US 47 (1919), determining when the government may make exceptions to the constitutional protection of free speech by prohibiting certain forms of expression, was modified a number of times in the years following the Schenck decision.
The current test, created in Bradenburg v. Ohio,395 US 444 (1969), is far less restrictive, requiring the speech to be likely to incite "imminent lawless action," on the part of those exposed to the message. The "imminent lawless action" test prohibits both state and federal government from interfering with the expression of free speech unless the message is intended to, and likely to, almost immediately result in some form of illegal activity such as a riot, violence against others, destruction of property, etc.
In other words, the Court no longer uses the "clear and present danger" standard when making decisions.
For more information, see Related Questions, below.
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Why did justice frankfurter want added time for the supreme court to decide on brown v board of education?
He wanted to present a united decision to the nation
Why did chief justice warren and justice frankfurter want added time to the supreme court to decide on brown v board of education?
To present a united decision to the nation
What is the minimum vote required in the supreme court for a decision pass?
In the US Supreme Court, a decision requires a simple majority of the justices hearing the case. If all nine justices are present, the minimum for for a majority is 5 votes of 9.
What was the effect of the Supreme Court decision described in this headline?
police were required to inform suspects of their right to remain silent and have a lawyer present during questioning the decision established the clear and present danger test judging free speech
If a case is being heard by the US Supreme Court what is the closest decision that can be made if all justices are there?
The Supreme Court requires a simple majority vote for a decision. If all nine justices are present, the closest possible vote would be 5-4.
Why did justice frankfurter added time for the supreme court to decide on brown v board of education?
They wanted to present a united decision to the nation.
What type of vote is required for a majority decision in the US Supreme Court?
For a case to be heard before the U. S. Supreme Court there must be a quorum. This requires at least six Justices to be present. There is a total of nine Justices on the Supreme Court but illness or recusals could cause less than 9 on a case. For a decision to be rendered it requires a majority of the Justices hearing the case. If all Justices are present the majority would require 5 or more to met this requirement.
What is the supreme courts prinicpal method of expressing its views to the world?
By opinions that state the facts, present the issues, announce the decision, and explain the reasoning of the Court.
What amendment is the basis for the Miranda v. Arizona ruling?
The basis for the Miranda v. Arizona ruling is the Fifth Amendment, which protects individuals from self-incrimination. In the 1966 decision, the Supreme Court held that individuals taken into police custody must be informed of their rights to remain silent and to have an attorney present during questioning. This ruling established the "Miranda rights," ensuring that suspects are aware of their constitutional protections when facing interrogation.
Can the Supreme Court rule any residential law unconstitutional forcing a joint session of congress to overturn?
No. Not sure what you mean by "any residential law," but there are only two ways a US Supreme Court decision can be overturned, and a joint session of Congress isn't one of them.First, the Supreme Court can only evaluate laws that are relevant to cases before the Court and properly under their jurisdiction. They can't just pick and choose any law and declare it unconstitutional; they have to wait for the opportunity to present itself in a case.The Supreme Court, as head of the Judicial Branch of US government, is the final authority on the Constitution and federal law. If they decide a law is unconstitutional and should be nullified, the decision can only be changed in one of two ways:The US Supreme Court can overturn its own decisionsThe decision can be overturned by constitutional amendmentWhile Congress may initiate the amendment process, the Constitution can only be changed if three-fourths of the states (38) ratify the amendment within the specified time frame.
Why did the chief justice warren and justice frankfurter want added time for the supreme court to decide on brown v board of education?
Answer this question… They wanted to present a united decision to the nation.
What law was upheld as constitutional on the supreme court case of scheck v. US?
In the Supreme Court case Schenck v. United States (1919), the Court upheld the constitutionality of the Espionage Act of 1917. The decision established that speech creating a "clear and present danger" to national security, particularly during wartime, is not protected by the First Amendment. This ruling set a precedent for limiting free speech in certain contexts, emphasizing the balance between civil liberties and national security.
