
Svetlana K.
asked 02/09/23What is your opinion on the "clear and present danger" test? ( Book, p. 144). Do you agree or disagree with its limits on free speech?
What is your opinion on the "clear and present danger" test? ( Book, p. 144). Do you agree or disagree with its limits on free speech?
1 Expert Answer
Raymond B. answered 02/09/23
Math, microeconomics or criminal justice
clear and present danger means, among other thingss, don't yell Fire in a crowded theater or you'll cause a panic, and in the ensuing stampede for the exits, people will likely be injured or get trampled to death.
that's a virtually unanimously accepted limit on Free Speech, and other First Amendment rights of the press and assembly.
No one really disagrees.
but the 1951 Dennis v. US clear and present danger test was replaced, or rather clarified by the "imminent lawless action test" in Brandenburg v. Ohio in 1969.
back then and more so today, is the question whether more limits are acceptable or constitutional
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Ken B.
03/03/23