In the 1919 U.S. Supreme Court case Schenck v. U.S. concerning the distribution of literature that opposed the World War I-era military draft, Justice Oliver Wendell Holmes declared that the U.S. Constitution did not protect speech that created which one of the following?Group of answer choicesA "clear and present danger"An "atmosphere of hate"An environment for "imminent lawless action"An "imminent danger to public safety"
Question
In the 1919 U.S. Supreme Court case Schenck v. U.S. concerning the distribution of literature that opposed the World War I-era military draft, Justice Oliver Wendell Holmes declared that the U.S. Constitution did not protect speech that created which one of the following?Group of answer choicesA "clear and present danger"An "atmosphere of hate"An environment for "imminent lawless action"An "imminent danger to public safety"
Solution
The answer is A "clear and present danger". In the Schenck v. U.S. case, Justice Oliver Wendell Holmes introduced the notion of a "clear and present danger" test. According to this test, the First Amendment does not protect speech that produces a clear and present danger of causing damage that the United States Congress has the power to prevent.
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