where did the clear and present danger test come from
Clear and present danger Antiwar protests during World War I gave rise to several important free speech cases related to sedition and inciting violence. In the 1919 case Schenck v. United States, the Supreme Court held that an antiwar activist did not have a First Amendment right to advocate draft resistance.[3][4] In his majority opinion, Justice Oliver Wendell Holmes, Jr. introduced the clear and present danger test, which would become an important concept in First Amendment law; but the Schenck decision did not formally adopt the test.[3] Holmes later wrote that he intended the clear and present danger test to refine, not replace, the bad tendency test.[5][6] Although sometimes mentioned in subsequent rulings, the clear and present danger test was never endorsed by the Supreme Court as a test to be used by lower courts when evaluating the constitutionality of legislation that regulated speech.[7][8]