clear and present danger


clear and present danger
clear and pres·ent dan·ger n: a risk or threat to safety or other public interests that is serious and imminent; esp: one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government
a clear and present danger of harm to others or himself see also freedom of speech, schenck v. united states in the important cases section amendment i to the constitution in the back matter

Merriam-Webster’s Dictionary of Law. . 1996.

clear and present danger
n.
A constitutional doctrine that allows the government to restrict freedom of speech in cases where free speech would create an obvious and immediate danger that the government has a duty to prevent.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


clear and present danger
Although the U.S. Constitution's First Amendment protects freedom of speech, any speech that poses a "clear and present danger" to the public or government loses this protection. The classic example is that shouting "Fire!" in a crowded theater is not protected speech.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


clear and present danger
n. In constitutional law, the principle that the government, notwithstanding the First Amendment to the United States Constitution, may restrict, prohibit, or punish speech or the printing and distribution of words if it is necessary to prevent a clear and present danger of an event that the government has a right to prevent. For example, the government may prohibit a person from falsely crying out "Fire!" in a crowded room in order to prevent panic and injury. This principle was first articulated in the United States Supreme Court case of Schenck v. United States (1919).

Webster's New World Law Dictionary. . 2000.


clear and present danger
An early standard by which the constitutionality of laws regulating subversive expression were evaluated in light of the First Amendment's guarantee of freedom of speech.

Dictionary from West's Encyclopedia of American Law. 2005.


clear and present danger
An early standard by which the constitutionality of laws regulating subversive expression were evaluated in light of the First Amendment's guarantee of freedom of speech.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

clear and present danger
n.
   the doctrine established in an opinion written by Oliver Wendell Holmes, Jr. in Schenk vs. United States (1919) which is used to determine if a situation creates a threat to the public, individual citizens or to the nation. If so, limits can be placed on First Amendment freedoms of speech, press or assembly. His famous example was that no one should shout "fire" in a crowded theater (speech), but other cases have included the printing of a list of the names and addresses of CIA agents (press) or the gathering together of a lynch mob (assembly).

Law dictionary. . 2013.

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