The clear and present danger test
A)was adopted by the U.S.Supreme Court after it found the bad tendency test allowed government to punish too much harmless speech
B)was abandoned and replaced by the bad tendency test
C)was influential but was never adopted by the full U.S.Supreme Court or used to decide any cases
D)both A and B
E)both B and C

Question

Quizplus · Accepted Answer

The clear and present danger test was adopted by the U.S. Supreme Court in the case of Schenck v. United States. The Court found that the bad tendency test allowed the government to punish too much harmless speech, and that a new test was necessary to balance free speech rights with national security concerns. The clear and present danger test remains the standard for evaluating government restrictions on speech in the United States.

The Clear and Present Danger Test