Trump Interview via Tucker on X

MtnMan

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Jul 27, 2004
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Clear and present danger

The clear and present danger test originated in Schenck v. the United States. The test says that the printed or spoken word may not be the subject of previous restraint or subsequent punishment unless its expression creates a clear and present danger of bringing about a substantial evil. It is a standard which is used to ascertain whether a particular speech is within the First Amendment right or not. See: Schenck v. United States (1919)