Clear and Present Danger -- the Law 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. Requirements: The clear and present danger test features two independent conditions:  The court had to identify and quantify both the nature of the threatened evil and the imminence of the perceived danger. https://www.law.cornell.edu/wex/clear_and_present_danger In order to support a finding of clear and present danger it must be shown either that immediate serious violence was to be expected or was advocated, or that the past conduct furnished reason to believe that such advocacy was then contemplated. https://www.law.cornell.edu/constitution-conan/amendment-1/clear-and-present-danger The clear and present danger remains the standard for assessing constitutional protection for speech in the military courts. https://mtsu.edu/first-amendment/article/898/clear-and-present-danger-test