In what case was the "clear and present danger" test established?

The "clear and present danger" test was established in the case of Schenck v. United States. This landmark decision, delivered by Justice Oliver Wendell Holmes Jr. in 1919, addressed the limits of free speech under the First Amendment, particularly in relation to speech that may provoke illegal actions or compromise the safety and security of the nation.

In Schenck, the Supreme Court evaluated whether Charles Schenck's anti-draft pamphlets violated the Espionage Act of 1917. The Court ruled that during wartime, speech that presents a clear and present danger of inciting actions that Congress has a right to prevent, such as draft resistance, is not protected. This ruling marked a significant moment in First Amendment jurisprudence, establishing that the context of speech determines its protection – particularly when it poses a threat to public safety or national security.

The other cases mentioned do not address the "clear and present danger" test. Brown v. Board of Education focused on racial segregation in public schools, Miranda v. Arizona established the miranda rights of detained individuals, and Lemon v. Kurtzman involved the separation of church and state regarding funding for private religious schools. Thus, Schenck v. United States is the definitive