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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.
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.
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.
Clear and present danger is a legal doctrine used to determine when speech or actions can be limited by the government due to the potential for inciting harm or illegal activities.
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 is a legal standard used to determine when limitations on free speech are justified. This principle asserts that speech can be restricted if it poses a significant and immediate threat to public safety or national security.
Definition. Clear and present danger is a legal standard used to determine when speech or actions can be limited or restricted under the First Amendment. It evaluates whether the expression poses a significant and immediate threat to public safety or national security, allowing for restrictions in situations where such dangers are evident.
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 ...