Which power is given to Congress by the “clear and present danger” rule?
Answers
Clear and current danger rule announced in schenck v. united states (1919) was the earliest freedom of speech doctrine of the Supreme Court.
Affirming Schenck's conviction Justice oliver wendell holmes finalized that speaker might be punished only when "words are used during those circumstances and are such a nature as to create clear and present danger that will bring about the substantive evils that Congress has right to prevent."
Holmes was drawing on his own before Supreme Judicial Court view on law of attempts.
“Clear and present danger” rule is a doctrine of the Supreme Court of the United States to find out the circumstances under which the First Amendment freedoms of speech, press or assembly can be limited.
All these powers are vested with the Congress so that they can be enforced by it.
However, it was replaced in 1969 with the Brandenburg v.
Ohio's "imminent lawless action" test.