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To: TexasGurl24

Actually if you read the material it yes there, more accurately described as the “clear and present danger” standard.


63 posted on 10/09/2019 7:00:00 AM PDT by AndyJackson
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To: AndyJackson

Wrong. Read again. The clear and present danger test from Schenck v. United States, has been overruled.

The test is now the Brandenburg test, “clear and present danger” isn’t enough:

“The speech is “directed to inciting or producing imminent lawless action,” AND
The speech is “likely to incite or produce such action.”

Mere advocacy isn’t enough. See Hess v. Indiana (1973) and Watts v. United States (1969).


65 posted on 10/09/2019 7:07:54 AM PDT by TexasGurl24
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