Question

Explain in your own words what role the clear and present danger test once played in first amendment doctrine? give your account of why this test was abandon

Answer 1

The test as mentioned, was used to identify the words used in the speech and or in other forms of literature that could create social evil and prevention of those social evils and issues could only be possible with the prevention of the speech that included these words. So, the test was created to identify a hate speech or speech that could create harm in the name of freedom of speech. Here, there was another test named as bad tendency test that was used to identify the evil intentions inherited inside the speech even before the creation of clear and present danger and this test of bad tendency is used in 20th century also. But, clear and present danger is seldom used and it is not endorsed by the supreme court of the USA.
It was abandoned, because there was no any word or group of words, that could create such a social harm that cannot be prevented without the prevention of speech. A confidence in security arrangements, well established risk management framework and awareness among people, will never let a speech to go away and achieve its ill objectives. Besides, the test could be misused to suppress the voices of the public movement, run to gain equality and human rights. So, the test was abandoned.