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clear and present danger
clear and present danger definition - legal
n
In constitutional law, the principle that the government, notwithstanding the
First Amendment to the United States Constitution, may restrict, prohibit, or
punish speech or the printing and distribution of words if it is necessary to
prevent a clear and present danger of an event that the government has a right
to prevent. For example, the government may prohibit a person from falsely
crying out “Fire!” in a crowded room in order to prevent panic and injury. This
principle was first articulated in the United States Supreme Court case of Schenck v. United States
(1919).
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.
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