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Simple English definitions for legal terms

clear and present danger

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A quick definition of clear and present danger:

The clear and present danger test is a rule used to determine if a particular speech is protected by the First Amendment. It originated in a court case called Schenck v. the United States. The test has two conditions: the speech must pose a real threat of causing harm, and the harm must be imminent. The rule has been applied in cases involving criminal prosecutions, picketing, and incitement to commit crimes, among others. However, it does not apply to cases involving antitrust laws, libel, or school property use. The test was further clarified in cases like Brandenburg v. Ohio and Hess v. Indiana.

A more thorough explanation:

The clear and present danger test is a standard used to determine whether a particular speech is protected by the First Amendment or not. It originated in the case of Schenck v. the United States and states that speech may not be restrained or punished unless it creates a clear and present danger of bringing about a substantial evil.

The clear and present danger test has two conditions: the speech must pose a threat of a substantive evil, and the threat must be real and imminent. The court must identify and quantify both the nature of the threatened evil and the imminence of the perceived danger.

The clear and present danger test has been applied in cases involving criminal prosecutions for opposition to war, statutes penalizing the advocacy of the overthrow of the government by force or violence, attacks on courts or judges, picketing, regulation of prison inmates' access to newspapers, periodicals, and so forth, incitement to commit crimes, and breach of the peace or disorderly conduct.

However, the rule has been held not applicable to cases involving antitrust laws, libel cases, statutes regulating the conduct of labor union affairs, statutes governing the use of school property for non-school purposes, and demonstrations in an inappropriate place, such as before a courthouse.

In Brandenburg v. Ohio, the defendant, a leader of a Ku Klux Klan, had arranged for a television station to cover his speech at a Klan rally. Ohio’s court ruled that the statement falls into the scope of clear and present danger.

In Hess v. Indiana, an anti-war demonstrator had been arrested for stating, “We'll take the fucking street later.” A majority of the Court reversed his conviction. The United States Supreme Court ruled that the statement is not a “clear and present danger” because the statement does not impose an imminent danger to society.

These examples illustrate how the clear and present danger test is used to determine whether speech is protected by the First Amendment or not. The Brandenburg case shows that speech that poses a clear and present danger can be restricted, while the Hess case shows that speech that does not pose an imminent danger cannot be restricted.

clear and convincing evidence | clear title

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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