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clear and present danger

"Clear and Present Danger" is a legal standard used in the United States to determine when the government can limit free speech or expression. Established by the Supreme Court in the 1919 case Schenck v. United States, it asserts that speech can be restricted if it poses an immediate threat to national security or public safety. Essentially, if someone's words are likely to incite violence or create significant danger, the government can intervene. This concept balances the right to free speech with the need to protect society from harm.

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  • Image for clear and present danger

    The "clear and present danger" doctrine is a legal standard used to determine whether speech can be restricted. Introduced in the early 20th century, it suggests that speech is not protected under the First Amendment if it poses an immediate threat to safety or security. For example, if someone advocates for violence or illegal actions that could lead to real harm, the government may legally intervene. This concept balances the right to free speech with the need to protect society from harm, ensuring that freedom doesn't endanger public safety.