clear and present danger

(redirected from Clear and present danger test)
Also found in: Thesaurus, Legal.
Related to Clear and present danger test: Bad tendency test
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.clear and present danger - a standard for judging when freedom of speech can be abridged; "no one has a right to shout `fire' in a crowded theater when there is no fire because such an action would pose a clear and present danger to public safety"
danger - the condition of being susceptible to harm or injury; "you are in no danger"; "there was widespread danger of disease"
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
References in periodicals archive ?
(2) When the anticipated harm comes about through acceptance of the speaker's idea, then the imposition of the clear and present danger test stops the operation of the marketplace of ideas.
If sometimes the clear and present danger test seems to interrupt the free trade in ideas, there are instances in which it seems to provide more protection than necessary within the marketplace.
Likewise, Holmes argued that "falsely shouting fire in a theatre" is not protected by the First Amendment, but it is difficult to understand how to apply the clear and present danger test to such an utterance.
If the marketplace of ideas and the clear and present danger test are in tension with each other, either one of them could be identified as the problem.
For many years, the clear and present danger test received its share of criticism.
If the clear and present danger test still exerts force, it also still carries the mysteries it has had since the beginning.
The clear and present danger test originated in Schenck v.
Putting consideration of the clear and present danger test to one side, it is pertinent to ask whether, applying the balancing of interests test, the right to freedom of religion must be accorded primary importance under the circumstances specified in this law.
Scott Shieldes, Rethinking the Clear and Present Danger Test, 73 IND.
616, 627-28 (1919) (Holmes, J., dissenting) (arguing that majority incorrectly applies clear and present danger test to case with no showing of imminent threat to national security arising out of defendant's speech).