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See First Amendment and all its categories. The test of whether words spoken or written are capable of producing such a substantial evil that they are not within the protection of the constitutional guaranty of freedom of speech and press. Formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247 (1919). Speech is punishable if the natural and reasonable tendency of what was said would be to bring about a forbidden effect and the defendant used the words with an intent to bring about that effect. This specific intent could be inferred from the mere tendency of the words to create danger on the presumption that one intends the consequences of one's speech.
