A former First Amendment test that allowed government to restrict speech only when it created a clear and present danger of bringing about substantive evils that government has a right to prevent. It has largely been replaced by the imminent lawless action standard.
From Old French 'cler' (bright, evident) and Latin 'praesens' (being before) plus 'danger' from Old French 'dangier' (power to harm). Justice Holmes coined this phrase in Schenck v. United States (1919), drawing from the metaphor of falsely shouting 'fire' in a crowded theater.
This test was born during World War I when the government prosecuted socialists for opposing the draft, leading Justice Holmes to create a standard that seemed speech-protective but actually upheld most convictions! The 'clear and present danger' test evolved from initially permissive to more protective over decades, until Brandenburg v. Ohio replaced it with the stricter 'imminent lawless action' standard in 1969.
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