A protester at a large public rally is arrested for urging the crowd to "take up arms against their oppressors.”

Which of the following legal precedents is most relevant in determining the constitutionality of this arrest?

A. the wall of separation principle
B. the clear and present danger test
C. preemption against prior restraint
D. the contemporary community standards doctrine

Respuesta :

Answer: i think it’s b - the clear and present danger test

Explanation: because the clear and present danger test originated in Schenck v. the United States. The test says that the printed or spoken word may not be the subject of previous restraint or subsequent punishment unless its expression creates a clear and present danger of bringing about a substantial evil.

Answer:

B

Explanation: