clear and present danger doctrine

clear and present danger doctrine
Doctrine in constitutional law, first formulated in Schenck v. U. S., 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed. 470, providing that governmental restrictions on First Amendment freedoms of speech and press will be upheld if necessary to prevent grave and immediate danger to interests which government may lawfully protect. Speech which incites to unlawful action falls outside the protection of the First Amendment where there is a direct connection between the speech and violation of the law; this is the "clear and present danger test". People v. Winston, 64 Misc.2d 150, 314 N.Y.S.2d 489, 495

Black's law dictionary. . 1990.

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