thornhill v. alabama was the supreme court case which established the clear-and-present danger test for restricting expression.
thornhill v. alabama was the supreme court case which established the clear-and-present danger test for restricting expression.
supreme court case which established the clear-and-present danger test for restricting expression?
thornhill v. alabama
antiwar protests during world war i gave rise to several important free speech cases related to sedition and inciting violence. in the 1919 case "schenck v. united states", the supreme court held that an antiwar activist did not have a first amendment right to advocate draft resistance. in his majority opinion, justice oliver wendell holmes, jr. introduced the clear and present danger test, which would become an important concept in first amendment law; but the "schenck" decision did not formally adopt the test. holmes later wrote that he intended the clear and present danger test to refine, not replace, the bad tendency test. although sometimes mentioned in subsequent rulings, the clear and present danger test was never endorsed by the supreme court as a test to be used by lower courts when evaluating the constitutionality of legislation that regulated speech.
clear and present danger
the clear and present danger test was invoked by the majority in the 1940 "thornhill v. alabama" decision in which a state antipicketing law was invalidated. although the court referred to the clear and present danger test in a few decisions following "thornhill", the bad tendency test was not explicitly overruled, and the clear and present danger test was not applied in several subsequent free speech cases involving incitement to violence.









































section::::history.:"dennis v. united states".
clear and present danger