Warning
Info
Warning
Info
Simple English definitions for legal terms
clear-and-present-danger test
Read a random definition: alto et basso
A quick definition of clear-and-present-danger test:
The clear-and-present-danger test is a rule in constitutional law that allows the government to limit freedom of speech and press if it is necessary to prevent immediate and severe harm to things that the government is allowed to protect. This rule was created by Justice Oliver Wendell Holmes in 1919. It means that if someone's words or actions could cause serious harm, the government can stop them from speaking or acting in that way. The government must prove that the harm is clear and present, meaning it is happening right now or is very likely to happen soon.
A more thorough explanation:
The clear-and-present-danger test is a doctrine in constitutional law that allows the government to restrict the First Amendment freedoms of speech and press if it is necessary to prevent immediate and severe danger to interests that the government may lawfully protect. This test was formulated by Justice Oliver Wendell Holmes in the case of Schenck v. United States in 1919.
For example, if someone is giving a speech that encourages violence or illegal activity, the government may restrict that speech if it poses a clear and present danger to public safety. However, if the speech is simply expressing an opinion or advocating for a political position, it is protected by the First Amendment.
The clear-and-present-danger test is concerned with distinguishing protected advocacy from unprotected incitement of violent or illegal conduct. The question in every case is whether the words used are used in circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.