clear and present danger
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 268 U.S. 652 - Gitlow v. People of the State of New York · 1925Most cited · 1,692 citing opinions
the general statement in the Schenck Case that the 'question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils' was manifestly intended, as shown by the context, to apply only in cases of this class, and has no application to those like the present, where the legislative body itself has previously determined the danger of substantive evil arising from utterances of a specified character.