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Unformatted text preview: clear and present danger; the example he gave was that a person could not shout, "Fire!" in a crowded theater that was not on fire. Through the early years of the Cold War, the clear and present danger test was used to limit the free speech of sots and communists. The Supreme Court upheld the Smith Act (1940) that made it a crime to advocate the overthrow of the government by force. Under Chief Justice Earl Warren, the Court took the position that political speech was protected under the First Amendment unless it incited "imminent lawless action" or was "likely to produce such action."...
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- Spring '08