Holmes introduces idea of clear and present danger test
Justice Oliver Wendell Holmes Jr. delivered the classic statement of the clear and present danger test in Schenck v. United States (1919): The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no court could regard them as protected by any constitutional right.
Imminent lawless action test supplants clear and present danger test
Justice William J. Brennan Jr. redrafted the per curiam opinion, substituting for clear and present danger a new standard (Schwartz 1995: 27): The constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. The imminent lawless action test has largely supplanted the clear and present danger test. The clear and present danger remains, however, the standard for assessing constitutional protection for speech in the military courts.
Well, coordinated riots are certainly lawless action. And the media is complicit with such activity, either by encouraging it or by hiding the extent of the action from the public.
Thanks LJ, for the Clear and Present Danger dig. Good, but somewhat confusing to me.
I’m wondering how this will be pursued toward the media - and pursued it will be, I’m sure.
Clear and Present Danger is also the name of a Tom Clancy novel that was made into a movie.
The theme:
Clear and Present Danger is considered to be a work of dystopian fiction. It talks about the abuse of political and military power, and addresses the dangers of a government bureaucracy where no one can be held accountable for actions implied to be illegal by a democratic society. The book was released around the time of the Iran-Contra affair, which strikingly bears many parallels with the novel. Additionally, it pushes the narrative that the War on Drugs, which was also a major issue during the time of the book’s publication, is corrupting law enforcement, and that the status quo is enforced in this struggle.[2]
https://en.m.wikipedia.org/wiki/Clear_and_Present_Danger