Under the _______________, courts were required in each case to "ask whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger."

Question

Quizplus · Accepted Answer

The quote mentioned in the question is a part of the clear and probable danger test, which was created by the Supreme Court in the case of Schenck v. United States in 1919. This test stated that speech could be restricted if it posed a clear and probable danger to national security or public safety. The bad tendency test and the clear and present danger test were earlier tests used by the Supreme Court to determine when speech could be restricted, but they were eventually replaced by the clear and probable danger test.

Under the _______________, Courts Were Required in Each Case to "Ask