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- clear and present danger noun clear and pres·ent dan·ger : a risk or threat to safety or other public interests that is serious and imminent especially : one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government a clear and present danger of harm to others or himself
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The clear and present danger test is a standard to determine whether speech is protected by the First Amendment. It requires a real and imminent threat of a substantial evil, such as overthrowing the government or inciting violence.
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Jun 14, 2024 · Clear and present danger is a standard established by the United States Supreme Court to determine under what circumstances limitations can be placed on First Amendment freedoms of speech, press, or assembly.
Learn the meaning of clear and present danger, a situation where speech or actions could potentially cause immediate harm or disruption, losing First Amendment protections. See examples of how to use this term in a sentence and browse other legal terms.
Aug 7, 2023 · In the 20th century, the Supreme Court established the clear and present danger test as the predominate standard for determining when speech is protected by the First Amendment.
A legal doctrine that limits the scope of free speech protection when speech poses a direct and imminent threat to a substantial interest of the state. It was developed by Justice Holmes in Schenck v. United States (1919) and later modified by the Court in various cases.
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.
