Federal Government 2305 Exam 1 Practice 2025 – Complete Study Guide

The bad tendency test emerged from the Supreme Court case Gitlow v. New York. This case was pivotal in extending the reach of the First Amendment by addressing whether states could restrict speech that might have a tendency to lead to illegal action. The Court ruled that the government could restrict speech if it posed a risk of inciting imminent lawless action or harm, effectively allowing for the punishment of individuals for their speech based on its content if it established a "bad tendency" toward creating outcomes that were harmful or dangerous.

In this case, the Court upheld Gitlow's conviction under a New York law for publishing a leftist manifesto that called for the establishment of socialism. This ruling illustrated how the government could intervene when speech was seen as potentially harmful to public order, thus making the bad tendency test significant in American jurisprudence regarding free speech.

The other cases mentioned do not establish this test, each tackling different aspects of free speech rights. Schenck v. United States established the "clear and present danger" test, while Brandenburg v. Ohio set a key precedent for protecting speech that advocates for illegal action unless it incites imminent lawless conduct. Texas v. Johnson dealt with flag desecration as a form of symbolic speech, reinforcing protections rather than endors