Clear and present danger test flashcard sets

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clear and present danger test definitions
# Definition Sets
1interpretation of the first amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.6 sets
2started by schenck case; government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts; to shout "fire" falsely in a crowded theater4 sets
3the test proposed by justice oliver wendell holmes for determining when government may restrict free speech. restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order.3 sets
4weather the words are inappropriate in the context. "fire" in a movie theater... supporters concede that speech is not an absolute right, but the government should not be able to limit it unless they can demonstrate a close connection between the speech and an imminent lawless act.2 sets
5interpretation of the 1st amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts2 sets
6a free speech test allowing states to regulate only speech that has an immediate connection to an action the states are permitted to regulate.1 set
7free speech test that only prohibits speech that produces a clear and immediate danger.1 set
8a free speech test allowing states to regulate only speech that has an immediate connection to an action the states are permitted to regulate1 set
9test of whether words are so potentially dangerous as to not be protected by the first amendment1 set
10the policy limiting the rights of free speech if the government deems certian forms of speech as a threat to the public. these limits were first defined in the case schenk v. u.s. (1919).1 set
11do the words "create a present danger that they will bring about the... evils that congress has right to prevent"1 set
12used to draw line between protected speech and unprotected1 set
13test articulated by the supreme court in schenk v. u.s. (1919) to draw the line between protected and unprotected speech; the court looks to see 'whether the words are used' could 'create a clear and present danger that they will bring abou substantive evils' that congress seeks 'to prevent'1 set
14a rule used by the supreme court to distinguish between speech protected and not protected by the first amendment. under this rule, the first amendment does not protect speech aimed at inciting an illegal action.1 set
15advocacy must be directed to inciting or producing imminent lawless action and is likely to incite or produce such actions1 set
16test articulated by the supreme court in schenck v. u.s. (1919) to draw the line between protected and unprotected speech; the court looks to see "whether the words used..." could "create a clear and present danger that they will bring about substantive evils" that congress seeks "to prevent."1 set
17interpretation of the 1st amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal1 set
18interpretation of the first amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts1 set
19the proposition, proclaimed by the supreme court in schenk v. united states, that the government has the right to punish speech if it can be shown to present a grave and immediate danger to the country's interests.1 set
20interpretation of the 1st amendment that holds that the gov't cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts1 set
21test proposed for determining when government may restrict free speech. restrictions are permissible when it creates a present danger to the public.1 set
22law should not punish speech unless there was a clear and present danger of producing harmful actions.1 set
23interpretation by justice oliver wendell holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions.1 set
24govt. cannot interfere with freedom of speech unless it can prove to be dangerous.1 set
25the test proposed by justice oliver wendell holmes for determining when government may restrict free speech. restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order1 set
26test that tetermines when government may restrict free speech.1 set
27law should not punich speech unless there was a clear and present danger of producing harmful actions.1 set
28interpretation by justice oliver wendell holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions (fire!)1 set
29interpretation by justice oliver wendell holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions; for example, one cannot shout “fire!” in a crowded theatre.1 set
30test devised by supreme court in 1919 to define the limits of free speech in the context of national security.1 set
31to determine when speech could be suppressed under the first amendment1 set
32defines the limitations of free speech/1st amendment1 set
33a standard for determining when government has exceeded its constitutional authority to restrict speech1 set
34a speech can be stopped if it is starting a riot, "disturbing the peace"1 set
35a speech can be stopped if it is causing a riot1 set
36the test proposed by justice oliver wendell holmes for determining when government may restrict free speech.1 set
37determining when government may restrict free speech.1 set
38started by schenck case; government cannot interfere with speech unless the speech instigates immediate danger that it will lead to evil or illegal acts; to shout "fire" falsely in a crowded theater1 set
39law should not punish speech unless there was a clear and present danger of producing harmful acitons1 set
40rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger1 set