Clear And Present Danger in United States
Practical Information
Note: Some of this information was last updated in 1982
A classic test applied by Justice Holmes in determining what limitations may constitutionally be put upon freedom of speech and press (in U.S. law). The test would be applied to determine if a person should be stopped from making a speech where there appears to be a “clear and present danger” that an uncontrollable riot would occur because of it. The law cases stress that by “clear and present danger” is meant something more than public inconvenience, annoyance, or unrest. One of the functions of free speech is to invite dispute, and it may not be abridged merely because it stirs people to anger and creates a condition of unrest.
What is Clear And Present Danger?
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