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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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starfishies
16:17
ropes brought hope back to this chat
oh bestie Mountain is okay I am aware, this cycle was essentially a practice in rejection therapy for me
that being said, that one A is making me question R&Ring
starfishies
16:18
reach out to see if they'd reimburse you for a visit. you should definitely go see the town before you decide
thank you I lowk wasn't sure if we could do that
they let me in after admitted students day and I was like well... what do we do about that
starfishies
16:20
i went to asd and their office is very kind. i think there's a decent chance they'd reimburse you
Mostlylegal
16:21
@starfishies: have you had a date change at ndls?
Their admissions office is actually top tier, had a problem with a letter of rec that went out to all schools and they personally emailed me and made sure it got fixed. Rocketed them up my internal ranking fs
ClassyPleasantHeron
16:25
I'm wondering if that kid in Off Topic has a misconduct file yet, and if I can read it.
starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
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