Court Cases

Now lets talk about communist, people are afraid of what could happen if communist get too much power, they could take our american way of life is what some believe. A lot of people are now calling this "The Red Scare".Some news has just been heard that Sacco and vanzetti have just been executed for murder, many are now roiting around the world because some believe that they were not trailed fairly.We have experienced new laws through the years due to the Schenck v. United States the Supreme Court invented the famous "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment. When reviewing the conviction of the man charged with distributing provocative flyers to draftees of World War I, the Court asserted that, in certain contexts, words can create a "clear and present danger" that Congress may constitutionally prohibit. While the ruling has since been overturned, Schenck is still significant for creating the context-based balancing tests used in reviewing freedom of speech challenges.