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- The term "clear and present danger" is a legal standard used to determine if certain speech or expression can be restricted or punished. It refers to a situation where there is a substantial likelihood that the speech will result in a serious and imminent threat to a specific person or group of people.
United States, 464 in which the defendants had been convicted of seeking to disrupt recruitment of military personnel by disseminating leaflets, Justice Holmes formulated the “clear and present danger” test that has ever since been the starting point of argument.
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What does "clear and present danger" mean in legal documents? The term "clear and present danger" is a legal standard used to determine whether certain speech or expression can be restricted or punished.
- History and Definition of Clear and Present Danger
- Examples of Clear and Present Danger
- Legal Terms Similar to Clear and Present Danger
Clear and Present Danger is a term that originated from a legal case in the United States, Schenck v. United States (1919). It is a legal rule that sets a limitation on free speech rights established by the First Amendment. In essence, it means that a person can be punished for expressing their opinions if those opinions create an immediate threat ...
Shouting "fire" in a crowded theater when there isn't a fire is an example of clear and present danger. This speech creates a panic and poses an immediate threat to public safety.Disclosing classified information that could potentially compromise national security is an example of clear and present danger. This speech could endanger the lives of U.S. soldiers, intelligence...Encouraging violent protests or riots that could lead to immediate harm or destruction is an example of clear and present danger. This speech poses an immediate threat to public safety and the orde...Imminent lawless action: this legal term is like Clear and Present Danger in that it sets a limitation on free speech. It means that the government can restrict speech that is likely to cause immed...Fighting words: an exception in the First Amendment to freedom of speech rights that allows some regulated restrictions on speech that directly incites damaging or violent effects on a particular a...Prior restraint: this legal term means that the government can restrict speech before it happens. It is a severe restriction on freedom of speech and is only applicable in certain cases."Clear and present danger" refers to a standard used by the Supreme Court to determine if speech can be restricted under First Amendment rights. It means that speech can only be limited if it presents an immediate threat or harm to public safety.
Definitions of clear and present danger. noun. a standard for judging when freedom of speech can be abridged. “no one has a right to shout `fire' in a crowded theater when there is no fire because such an action would pose a clear and present danger to public safety”. see more.
Clear and present danger is a legal standard used to determine when speech or expression can be limited under the First Amendment. This standard assesses whether the speech in question poses a significant and immediate threat to public safety or national security, allowing for restrictions in cases where the potential harm outweighs the right ...
clear and present danger. the expression used by the US Supreme Court to indicate a situation in which complete freedom of speech is not a person's legal right. No one has a right to say something that would cause a clear (= obvious) and present (= immediate) danger to other people.
