Answer :
Final answer:
The concept that speech must present an immediate danger related to a specific action is known as the clear and present danger test. This legal standard was established in the Supreme Court case of Schenck v. United States in 1919. It emphasizes that speech can be restricted when it poses a real and imminent threat to public safety.
Explanation:
The Clear and Present Danger Test
The idea that speech must present a danger that is immediate and relates to a specific action is characteristic of the clear and present danger test. This legal standard originated from the Supreme Court case of Schenck v. United States in 1919, where Justice Oliver Wendell Holmes Jr. articulated that speech creating a "clear and present danger" of significant evil could be restricted.
This test determines whether a law can constitutionally limit speech. Clear and present danger refers to situations where the danger to public safety or order is both imminent and real. For example, if a person shouts "fire" in a crowded theater when there is no fire, it can cause panic and harm, thus posing a clear and present danger.
Although the clear and present danger test was significant for its time, it has since evolved into other standards, such as the imminent lawless action test established in Brandenburg v. Ohio (1969). However, at its core, the clear and present danger test remains crucial for understanding limits on free speech, particularly in ensuring that speech does not incite immediate harm.
Key Characteristics
- Requires a significant threat to public safety or order.
- The danger must be immediate and specific.
- Originated from Schenck v. United States.
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