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clear and present danger

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Cultural Dictionary

clear and present danger

The standard set by the Supreme Court for judging when freedom of speech may lawfully be limited. Justice Oliver Wendell Holmes, Jr., illustrated the point by arguing that no one has a constitutional right to shout “Fire!” in a crowded theater when no fire is present, for such action would pose a “clear and present danger” to public safety. (See First Amendment.)

The American Heritage® New Dictionary of Cultural Literacy, Third Edition
Copyright © 2005 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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Legal Dictionary

Main Entry: clear and pres·ent dan·ger
Function: noun
: a risk or threat to safety or other public interests that is serious and imminent; especially : one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government clear and present danger of harm to others or himself> —see also FREEDOM OF SPEECH, Schenck v. United States in the IMPORTANT CASES section amendment i to the CONSTITUTION in the back matter
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
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