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The meaning of CLEAR AND PRESENT DANGER is 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.
The clear and present danger test features two independent conditions: first, the speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. The court had to identify and quantify both the nature of the threatened evil and the imminence of the perceived danger.
Jul 5, 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.
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.
clear and present danger - A situation where speech or actions could potentially cause immediate harm or disruption, losing First Amendment protections.
The clear and present danger rule, announced in schenck v. united states (1919), was the earliest freedom of speech doctrine of the Supreme Court.
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.
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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.
"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.
Early in the 20th century, the Supreme Court established the clear and present danger test as the predominant standard for determining when speech is protected by the First Amendment. The Court crafted the test — and the bad tendency test, with which it is often conflated or contrasted — in cases involving seditious libels, that is ...
