The _____test is applied to determine if laws impacting speech violate the U.S.Constitution.

Question

Quizplus · Accepted Answer

The clear and present danger test is used to determine when a law may limit a person's free speech rights under the First Amendment. This test originated in a 1919 Supreme Court case, Schenck v. United States, and was later refined in the landmark case of Brandenburg v. Ohio in 1969. The other options, incitement of violence and espionage and sedition, are types of speech that may be limited even without a clear and present danger, but they are not the specific test used to evaluate the constitutionality of speech-related laws.

The _____Test Is Applied to Determine If Laws Impacting Speech