In a place lacking a large number of people, screaming would be protected by the First Amendment, but when it is intended to cause panic, the screamer would not be protected . Charles Schenk was sent to prison for six months. Although he was convicted on all charges, the Supreme Court had to invent the famous “clear and present danger” test that determines when a state can constitutionally limit an individual's free speech rights. Although the test lasted only 50 years before being replaced by the "imminent unlawful action test", it was an important step in recognizing the need for such a test to establish subjective insight. of the future.