Justice Oliver Wendell Holmes first set forth his famous clear and present danger test for determining whether controversial speech is protected by the First Amendment in the case of:
A)Fiske v.Kansas.
B)Schenck v.U.S. .
C)Brandenburg v.Ohio.
D)Whitney v.California.
E)Gitlow v.New York.

Question

Quizplus · Accepted Answer

In Schenck v. U.S. (1919), Justice Holmes set forth the clear and present danger test, which holds that speech can be limited if it presents a clear and present danger of bringing about a substantial evil that Congress has the power to prevent. This case is widely considered to be one of the most important First Amendment cases in U.S. history.

Justice Oliver Wendell Holmes First Set Forth His Famous Clear