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clear and present danger

law

Learn about this topic in these articles:

Gitlow v. New York

  • In Gitlow v. New York

    …the Court rejected the “clear and present danger” test established in Schenck v. U.S. (1919) and instead used the “bad (or dangerous) tendency” test. The New York state law was constitutional because the state “cannot reasonably be required to defer the adoption of measures for its own peace and…

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Schenck v. United States