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Simple English definitions for legal terms

clear-and-present-danger test

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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.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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