Chapter
The Clear and Present Danger Test for Free Speech
15:56 - 23:47 (07:50)
The Clear and Present Danger Test, created by Supreme Court Justice Oliver Wendell Holmes, was used to determine whether free speech presented a clear and present danger of bringing about substantive evils Congress has a right to prevent. However, this test has been used in the past to squash dissent rather than protect wartime dissenter's rights.
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Summary
I got my job, I got my job now.
ChapterThe Clear and Present Danger Test for Free Speech
EpisodeSelects: How Free Speech Works
PodcastStuff You Should Know
The Clear and Present Danger Test created by Oliver Wendell Holmes was initially meant to protect free speech, but was eventually used to squash dissent.
19:05 - 22:41 (03:36)
Summary
The Clear and Present Danger Test created by Oliver Wendell Holmes was initially meant to protect free speech, but was eventually used to squash dissent. The 1919 case Shink v. United States involved the arrest of Charles Shink for distributing material criticizing the US draft.
ChapterThe Clear and Present Danger Test for Free Speech
EpisodeSelects: How Free Speech Works
PodcastStuff You Should Know
The ultimate test for whether speech should be restricted or not is the ability to not receive the speech that one finds offensive.
22:41 - 23:47 (01:06)
Summary
The ultimate test for whether speech should be restricted or not is the ability to not receive the speech that one finds offensive. Since it is possible to get away from speech in virtually all situations, except maybe skywriting, regulating free speech in the USA is a tough job for courts.