clear and present danger test

E103580

First Amendment doctrine constitutional law doctrine legal doctrine

The clear and present danger test is a legal doctrine used by U.S. courts to determine under what circumstances limits can be placed on First Amendment freedoms of speech and expression, particularly when such speech poses an immediate threat to public safety or national security.

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All labels observed (1)

Label	Occurrences
clear and present danger test canonical	2

Statements (48)

Predicate	Object
instanceOf	First Amendment doctrine ⓘ constitutional law doctrine ⓘ legal doctrine ⓘ
addresses	tension between free speech and government security interests ⓘ
appliedInCase	Abrams v. United States ⓘ Debs v. United States ⓘ Frohwerk v. United States ⓘ Gitlow v. New York ⓘ Schenck v. United States ⓘ Whitney v. California ⓘ
appliesTo	freedom of expression ⓘ freedom of speech ⓘ
associatedWithJustice	Justice Louis D. Brandeis ⓘ surface form: Louis D. Brandeis Oliver Wendell Holmes Jr. ⓘ
category	United States constitutional law tests ⓘ United States free speech case law ⓘ
coreConcept	focuses on immediacy and seriousness of harm from speech ⓘ government may restrict speech that creates a clear and present danger of substantive evils ⓘ
criticizedFor	potential to suppress dissent ⓘ vagueness ⓘ
developedByCourt	Supreme Court of the United States ⓘ
developedInCase	Schenck v. United States ⓘ
evolvedInto	imminent lawless action standard in Brandenburg v. Ohio ⓘ
focusesOn	likelihood that speech will produce substantive evils ⓘ temporal proximity between speech and potential harm ⓘ
historicalUse	used to uphold convictions for anti-war speech during World War I ⓘ
influencedBy	wartime concerns about national security ⓘ
jurisdiction	United States of America ⓘ surface form: United States
keyPhrase	clear and present danger ⓘ
legalField	civil liberties law ⓘ constitutional law ⓘ free speech law ⓘ
limitedByCase	Brandenburg v. Ohio ⓘ
purpose	to determine when the government may restrict speech under the First Amendment ⓘ to identify speech that poses an immediate threat to public safety or national security ⓘ
relatedTo	First Amendment to the United States Constitution ⓘ free speech clause ⓘ national security law ⓘ public safety ⓘ
replacedOrNarrowedBy	imminent lawless action test ⓘ
requires	assessment of degree of harm ⓘ assessment of proximity of harm ⓘ
standardFor	permissible limits on advocacy of illegal conduct ⓘ permissible limits on political speech ⓘ permissible limits on wartime speech ⓘ
usedBy	U.S. federal courts ⓘ state courts in the United States ⓘ
yearIntroduced	1919 ⓘ

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Oliver Wendell Holmes Jr. → notableIdea → clear and present danger test ⓘ

Debs v. United States → legalTestApplied → clear and present danger test ⓘ