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The outcome of Schenck v. United States was

A. The bad tendency rule.
B. The clear and present danger test.
C. The imminent lawless action test.
D. The grave and probable danger test.

Answer :

B. The outcome of Schenck v. United States (1919) established the clear and present danger test which limits First Amendment protections for speech that endangers others or national security. The case involved the prosecution of individuals who distributed flyers urging resistance to the draft during World War I.

The outcome of Schenck v. United States (1919) was the establishment of the clear and present danger test. This doctrine held that speech is not protected by the First Amendment if it clearly endangers the lives, health, and property of others, or the national security of the United States. In this case, socialists were prosecuted for distributing flyers that encouraged men to avoid military service during World War I. The court concluded that their actions represented a clear and present danger to national security.

Justice Oliver Wendell Holmes famously argued that free speech does not include shouting 'Fire!' in a crowded theater when there is no fire, as this could cause panic and endanger lives. This analogy helped to illustrate that speech is subject to limitations when it poses a significant threat to public safety.

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