...speech would not protect a man in falsely shouting fire in a theatre and causing a panic. . . . The question in every case is whether the words used are...prevent. It is a question of proximity and degree." The "clear and present danger" test, therefore, was first used not to protect speech but rather to...

...denouncing the draft and the War as serving "Wall Street's chosen few."27 The question, Holmes said, was "whether the words used are used in such circumstances...prevent. It is a question of proximity and degree." Later applications of the clear-and-present-danger test suggested that it was not a terribly stringent...

...such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has...right to prevent. It is a question of proximity and degree".52 It was subsequently reformulated in a landmark 1969 decision of the United States Supreme...

...operations of the government might be inferred from the time, place, and circumstances of the act. "The question in every case is whether the words used are...prevent. It is a question of proximity and degree." [Schenckv. US (1919).] The legislation under review differs radically from the Espionage Acts in that...

...speech would not protect a man in falsely shouting fire in a theatre and causing a panic. . . . The question in every case is whether the words used are...prevent. It is a question of proximity and degree. Keywords: Clear and present danger. Congressional limitations, Constitutional rights, False speech,...

...protect a man from an injunction against uttering words that may have all the effect of force. . . The question in every case is whether the words used are...prevent. It is a question of proximity and degree. Schenck v. United States, 249 US 52, 1919. 12 1 do not doubt for a moment that by the same reasoning...

...of free speech would not protect a man falsely shouting fire in a theater, and causing a panic The question in every case is whether the words used are...prevent. It is a question of proximity and degree." In brief, the First Amendment freedom of the press was no protection when what was said was uttered...

...the question whether the leaflet was constitutionally protected free speech, Holmes declared: 'The question in every case is whether the words used are...right to prevent. It is a question of proximity and degree.'4 Because the "clear and present danger' test presented a factual question for the jury, which...

...circumstances and are of such a nature as to create a clear and present danger that they will hring about the substantive evils that Congress has a right...degree. When a nation is at war many things that might he said in time of peace are such a hindrance to its effort that their utterance will not he endured...

...character of every act depends upon the circumstances in which it is done. . . . ¡Thel question in ever}1 case is whether the words used are used in such circumstances...prevent. It is a question of proximity and degree. As the following discussion shows, the clear and present danger test has a checkered history in calibrating...