How does the clear and present danger test operate, and what is its current relevance to the restriction of speech in the United States?

What will be an ideal response?


An ideal response will:
1, Discuss how Justice Holmes argued that government could only restrict speech that presented a "clear and present danger."
2, Explain how the meaning of the clear and present danger language was debated in the years that followed and that Holmes himself argued that the Court had interpreted it too broadly.
3, Note that the clear and present danger test was modified and essentially replaced by the imminent lawless action standard from Brandenburg v. Ohio (1969).

Political Science

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The essays known collectively as The Federalist Papers called for the ratification of the Constitution.

Indicate whether the statement is true or false

Political Science

Which of the following statements about the Republican and Democratic national committees is LEAST accurate?

A. Both grant seats to delegates from each American territory. B. The DNC is significantly larger than the RNC. C. Both grant seats to delegates from each state in the Union. D. Their primary responsibility is to nominate and elect their party's candidates for Congress. E. The RNC seeks a level of parity between male and female delegates.

Political Science

The predominant model of government power found in the United States is ______________

a. the unitary model. c. the ruling elite model b. the nationalism model. d. the plural elite model.

Political Science

The exclusionary rule

a. provides that in some cases evidence resulting from an illegal search and seizure must be suppressed and not used by the prosecution to establish guilt. b. is stated in the Constitution as part of the Fourth Amendment. c. has no exceptions. d. only applies to the federal government.

Political Science