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Sept 23 Slides (2) - Clear 8 Present Danger Test I This...

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Unformatted text preview: Clear 8: Present Danger Test I This initiated the Clear and Present Danger Test I Used to define the point at which speech can trigger serious harm I Government does not have to show that the harm actually happened, language alone is enough I Not widely accepted until Brandenburg v. Ohio (1969) Ind, wentthrough many changes between 1919 and 1969 Tort Liability Based on the Incitement Standard I Beginning in the late 19705, appellate courts began to develop case precedents dealing with torts based on injuries caused by expression inciting harmful conduct IThe legal concepts of Specific Incitement or W Wwere taken from the Brandenburg dedsion Tort Liability Based on the Incitement Standard I New standard of review arose out of these types of cases 'Wfim IApplies to suits against media As for harm awed by the content ofd‘ielr messages I U55 the imminent incitement test from Brandenburg I Shows how rights can be limited or expanded based on a particular political philosophy of the Court I Follows the soda! directs view 912312010 Clear 8: Present Danger Test I That decision overturned a KKK conviction and declared an Ohio law unconstitutional; and I Modified the Clear and Present Danger Test to become the current Incltement Test I Essentially bars laws censoring or prosecuting advocacy of force or violation of the law IUnless inciting imminent lawless action or is likely to actually incite or Tort Liability Based on the Incitement Standard I If media reps accused of inciting harmful conduct, l1 must meet a stringent burden of proof and must prove that the expression by the media is responsible for injury to the n I Heavy burden was imposed to: IAvoid chilling effect on potentially valuable speech; and I Avoid flood of lawsuits based on Tort Liability Based on the Incitement Standard I General rules applied in such cases based on the Min of the risk to public safety - Publishers mm shggld have knggn ...
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