In a place without large numbers of people, shouting would be protected by the First Amendment, but if intended to cause panic, the shouter would not be protected. Charles Schenk was sent to prison for six months. Although he was found guilty on all charges, the Supreme Court had to come up with the famous “clear and present danger” test that determines when a state can constitutionally limit an individual's right to free speech. Although the test lasted only 50 years before being replaced by the “imminent lawless action test,” it served as a huge milestone in recognizing that such a test was necessary to establish a subjective view on the future.