Unformatted text preview: This came to be known as the ‘clear and present danger’ test. Notes: Holmes says there is a clear and present danger in interfering with the draft. It has to be a kind of danger that the government can prevent. This interpretation set legal doctrine that can be taken from case to case. Holmes does not give much definition. Uses example of yelling fire in a crowded theater but not much else. Usually, get more definition. Speech when there is not time for correction presents a clear and present danger. Holmes wanted it to be applied during war time. It is dangerous because the government declares war and might declare war to stop free speech. Later has been over ruled....
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- Spring '10
- Supreme Court of the United States, First Amendment to the United States Constitution, present danger, Schenck