1. Hypothetical Brief
In order to determine this, we turn to the clear and present danger test as developed in Schenck v. ... When applying the clear and present danger test, one must look at the present circumstances of both the nation and the world as a whole. ... A single revolutionary spark may kindle a fire that, smoldering for a time, may burst into a sweeping and destructive conflagration... It is the direct duty of the United States government to stop the spark before it starts a flame. ...
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