How did the “clear and present danger” test affect the outcome of Schenck v. the United States?
Because Schenck’s actions were done during wartime, they were deemed dangerous for the country.
The original conviction was upheld because it was clear that Schenck was guilty of passing out fliers.
The Supreme Court warned Schenck that he should only urge people to avoid the draft in times of peace.
The Supreme Court decided Schenck’s original trial wasn’t constitutional and therefore reversed his conviction.