Which legal case established the clear and present danger test concerning free speech?

The legal case that established the clear and present danger test concerning free speech is Schenck v. United States. This landmark decision was made in 1919 and involved Charles Schenck, who had been charged for distributing pamphlets urging resistance to the draft during World War I.

The Supreme Court, led by Justice Oliver Wendell Holmes Jr., introduced the clear and present danger test to determine when speech could be limited. The test essentially posits that speech is not protected under the First Amendment if it poses a significant and immediate threat to the safety and security of the nation. In this case, the Court ruled that Schenck's actions presented a clear and present danger that could incite illegal conduct, which justified the restriction on his speech. This ruling represented a critical moment in the evolution of free speech jurisprudence, establishing that the context and potential consequences of speech are essential when assessing its protection under the Constitution.

Other cases, while important in the realm of free speech, addressed different contexts or established different standards. Gitlow v. New York dealt with the incorporation of the First Amendment rights to the states, Brandenburg v. Ohio introduced the imminent lawless action standard distinct from clear and present danger, and Texas v. Johnson focused on