Clear & Present Danger Test

Prediction

  1. What do you think clear and present danger test means?

  2. Use clear and present danger test in a sentence.

  3. Think of an example of clear and present danger test in current events:

  4. Find an image of clear and present danger test:

Fun Fact

Definition

Clear and Present Danger Test: An interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts. Writing for the Supreme Court in Schenck v United States, Justice Oliver Wendell Holmes asked whether "the words create a clear and present danger that they will bring about substantive evils Congress has a right to prevent?" 

Sentence

In handing down his ruling on freedom of speech, Justice Holmes wrote that yelling "fire!" in a crowded movie theater would create a clear and present danger.

Example

Why journalists should care about two indicted anti-abortion activists

Image

Stupid Han Solo Movie by the Same Name

 

Questions

  1. What Supreme Court case did the Clear and Present Danger Test come from?

  2. Can you think of a current clear and present danger analogy to yelling fire in a crowded movie theater?

  3. Do you think that speech that causes a clear and present danger should be allowed?