clear-and-present-danger test

clear-and-present-danger test. Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. […]

Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247 (1919).