How did the clear and present danger test have an impact the Bill of Rights?

Answer 1

The clear and present danger test established in Schenck v US, (1919) allowed the United States government to create an exception to protected speech, making certain forms of expression punishable by law under the Espionage Act of 1917. The Court held that the government had a right to protect its security and interests, despite the wording of the First Amendment.

Justice Oliver Wendell Holmes, Jr., who wrote the opinion of the Court, stated that no right was absolute; there were certain forms of expression (like creating a dangerous panic by "shouting 'fire' in a crowded theater") that are not protected under the First Amendment.

Amendment I

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Case Citation:

Schenck v. United States, 249 US 47 (1919)