Clear and Present Danger Test

Written By Jonathan Milner

Clear and Present Danger Test: An interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts. Writing for the Supreme Court in Schenck v United States, Justice Oliver Wendell Holmes asked whether "the words create a clear and present danger that they will bring about substantive evils Congress has a right to prevent?" 

 
 

Questions

  1. What do you think Clear and Present Danger Test means? Pro-tip, it's not a kind of underwear.

  2. Use Clear and Present Danger Test in a sentence you can be proud of.

  3. What rhymes with Danger?

  4. Think of an example of the Clear and Present Danger Test in current events:

  5. Find an emoji that represents the meaning of the Clear and Present Danger Test:

  6. If you were a judge, think of an example of something that someone might do or say that you might rule would cause a Clear and Present Danger to the public.

  7. What Supreme Court case did the Clear and Present Danger Test come from?

  8. Can you think of a current clear and present danger analogy to yelling fire in a crowded movie theater?

  9. Do you think that speech that causes a clear and present danger should be allowed?

  10. Do you think that speech that causes a clear and present danger in a movie theater that is showing the Harrison Ford film, Clear and Present Danger, is a clear and present danger?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw the Clear and Present Danger Test! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

Foundational Documents Pack with Completed Rubrics Updated for 2024
$30.00

The resource includes a comprehensive range of materials such as lessons, backgrounders, activities, graphic organizers, and completed rubrics tailored specifically for each of the nine required foundational documents. This collection has been updated for the year 2024, featuring new graphic organizers to enhance the learning experience and support educators in their teaching efforts.

Add To Cart

GoPo Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
Previous

Free Exercise Clause
Next

Amicus Curiae (friend of the court) Brief