Answer :
Final answer:
The clear and present danger test was replaced by the imminent lawless action doctrine as established in Brandenburg v. Ohio (1969). This new standard requires proof that speech is directed to inciting imminent lawless behavior. Thus, it significantly changes the protection of speech under the First Amendment.
Explanation:
Replacement of the Clear and Present Danger Test
The clear and present danger test, initially established in Schenck v. United States (1919), was replaced by the imminent lawless action doctrine in the context of free speech jurisprudence. This change came about as a result of the Brandenburg v. Ohio (1969) decision, where the Supreme Court ruled that speech advocating for illegal action is protected under the First Amendment unless it is directed to inciting or producing imminent lawless action and is likely to produce such action.
The clear and present danger standard originally permitted restrictions on speech if it posed a significant threat to public safety or national security. However, the imminent lawless action standard now requires a higher threshold for limiting free speech, focusing on whether the speech actually incites imminent violence or lawbreaking.
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