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Answer:
In Schenck v. United States, (1917), the case that established the clear and present danger test, the defendants' convictions were upheld because they were printing and distributing pamphlets designed to discourage drafted soldiers from fighting in World War I. The Court held the "clear and present danger" in this case was interfering with the federal government's recruiting effort during a time of war.
Another example mentioned was creating a panic by "shouting fire in a crowded theater," because the threat to the public outweighed the right to free speech.
This might be similar to shouting "Sale on XBox360!" in a crowded store.
Encouraging people to riot, particularly if the people seemed likely to act on the encouragement would represent a clear and present danger.
Case Citation:
Schenck v. United States, 249 US 47 (1919)
Another example mentioned was creating a panic by "shouting fire in a crowded theater," because the threat to the public outweighed the right to free speech.
This might be similar to shouting "Sale on XBox360!" in a crowded store.
Encouraging people to riot, particularly if the people seemed likely to act on the encouragement would represent a clear and present danger.
Case Citation:
Schenck v. United States, 249 US 47 (1919)
First answer by Marcia1061.
Last edit by Marcia1061.
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