Schenck v. United States established which test for restricting speech?

• A. Clear and present danger test.
• B. Imminent lawless action test.
• C. Fighting words doctrine.
• D. True threats standard.

Answer: (A)

The idea being tested is how speech can be restricted when it creates a real, immediate danger. In Schenck v. United States, the Court held that First Amendment protections aren’t absolute and that speech can be limited if it presents a clear and present danger of bringing about evils that Congress has a right to prevent. The wartime context matters: distributing pamphlets urging resistance to the draft could disrupt military recruitment and the war effort, which the government has a strong interest in protecting. Because the danger is clear and present—not just speculative—the Court upheld restrictions on that speech. This standard is different from later tests, like the imminent lawless action standard from Brandenburg, which requires intent to incite imminent illegal action, and it’s not about fighting words or true threats, which address different categories of speech.