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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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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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