Clear and Present Danger Test

Written By Jonathan Milner

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?" 

 
 

Questions

  1. What do you think Clear and Present Danger Test means? Pro-tip, it's not a kind of underwear.

  2. Use Clear and Present Danger Test in a sentence you can be proud of.

  3. What rhymes with Danger?

  4. Think of an example of the Clear and Present Danger Test in current events:

  5. Find an emoji that represents the meaning of the Clear and Present Danger Test:

  6. If you were a judge, think of an example of something that someone might do or say that you might rule would cause a Clear and Present Danger to the public.

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

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

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

  10. Do you think that speech that causes a clear and present danger in a movie theater that is showing the Harrison Ford film, Clear and Present Danger, is a clear and present danger?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw the Clear and Present Danger Test! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

GoPo Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
Previous

Free Exercise Clause
Next

Amicus Curiae (friend of the court) Brief