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RK
ES
ligion
eech
Schenck v. United States established that "Clear and
Present Danger" could limit which basic right? Is screaming
"fire" in a crowded theater protected by this amendment?
B
same crime
D
Freedom of Press
Cruel and Unusual Punishment

1 Answer

2 votes

Final answer:

Schenck v. United States established the 'Clear and Present Danger' test as a limitation on freedom of speech. While the case did not directly address screaming 'fire' in a crowded theater, the test can be applied to speech that presents a clear and present danger to national security. However, the specific example mentioned would depend on various factors.


Step-by-step explanation:

The subject of the question is Social Studies. The case Schenck v. United States, a landmark Supreme Court case in 1919, established the concept of 'Clear and Present Danger' as a limitation on the freedom of speech, particularly in times of war. The ruling determined that speech that presents a clear and present danger to national security can be restricted. However, it is important to note that the case did not specifically address screaming 'fire' in a crowded theater.

Freedom of speech and expression are protected by the First Amendment to the United States Constitution. However, this does not provide absolute protection, and certain types of speech, such as incitement to violence or causing panic, can be limited by the 'Clear and Present Danger' test.

Please note that while the case established the limitation on speech, it did not directly address the specific example of screaming 'fire' in a crowded theater. The application of the 'Clear and Present Danger' test to this scenario would depend on various factors, such as the intent behind the act and the potential harm caused.


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