How did the “clear and present danger” test affect the outcome of Schenck v. the United States?

Question

The original conviction was upheld because it was clear that Schenck was guilty of passing out fliers.

The Supreme Court decided Schenck’s original trial wasn’t constitutional and therefore reversed his conviction.

Because Schenck’s actions were done during wartime, they were deemed dangerous for the country.

The Supreme Court warned Schenck that he should only urge people to avoid the draft in times of peace.

Answer 1

The correct answer is:

Because Schenck’s actions were done during wartime, they were deemed dangerous for the country.

In Schenck v. United States (1919), the Supreme Court upheld the conviction of Charles Schenck for distributing fliers that urged resistance to the draft during World War I. The Court utilized the "clear and present danger" test to determine that during wartime, certain forms of speech, such as inciting people to resist the draft, pose a significant threat to national security and are therefore not protected under the First Amendment. This precedent set a standard for evaluating free speech cases based on the context and potential consequences of the speech in question.