Clear and present danger

The concept of "clear and present danger" is a rationale for the limitation of free speech originated in a majority opinion written in 1919 by Supreme Court Justice Oliver Wendell Holmes.

Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. Created by Justice Oliver Wendell Holmes Jr. to refine the bad tendency test, it was never fully adopted and both tests were ultimately replaced in 1969 with Brandenburg v. Ohio's "imminent lawless action" test.


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