Justice Oliver Wendell Holmes, Jr., established the "clear and present danger" doctrine in his opinion for Schenck v. US, (1919). The purpose was to explain and set a standard allowing the US government to restrict certain forms of free speech usually protected under the First Amendment in order to protect the government's interests.
Holmes opinion about exceptions to the Constitution, particularly during times of war, applied an opinion of an earlier court case, Ex Parte Milligan, (1866), to the First Amendment:
"it is within the power of Congress to determine in what states or district such great and imminent public danger exists as justifies the authorization of military tribunals for the trial of crimes and offences against the discipline or security of the army or against the public safety..."
Case Citation:
Schenck v. United States, 249 US 47 (1919)
freedom of speech
"clear and present danger" doctrine to the First Amendment."
Gregory v. Chicago
Clear and Present Danger was released on 08/03/1994.
The Production Budget for Clear and Present Danger was $62,000,000.
1.clear and present danger 2. the bad tendency doctrine 3. the preferred position doctrine 4. Defamatory Speech
Clear and Present Danger grossed $207,500,000 worldwide.
placing limits on constitutional freedoms -Dave
clear and present danger
The clear and present danger test was established in Schenck.Facts: Schenck, a member of the Socialist Party, made leaflets opposed to the draftand violated the Espionage Act of 1917.Decision: The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests.sources: law class
Clear and Present Danger
harrison ford