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Clear and Present Danger is a political thriller novel, written by Tom Clancy and published on August 17, 1989. A sequel to The Cardinal of the Kremlin (1988), main character Jack Ryan becomes acting Deputy Director of Intelligence in the Central Intelligence Agency, and discovers that he is being kept in the dark by his colleagues who are conducting a covert war against a drug cartel based in ...
Case history; Prior: Schenck convicted, E.D. Pa.; motion for new trial denied, 253 F. 212 Subsequent: None: Holding; Defendant's criticism of the draft was not protected by the First Amendment, because it was intended to result in a crime and created a clear and present danger to the enlistment and recruiting service of the U.S. armed forces during a state of war.
Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919), and overruled Whitney v. California (1927), which had held that speech that merely advocated violence could be made illegal.
Though warrantless, the act allows for an exception to prevent the overthrow of the government and when "any other clear and present danger to the structure or existence of the Government" exists. The Government contended that since the defendants were members of a domestic organization attempting to subvert and destroy it, this case fell under ...
And in the 1969 case Brandenburg v. Ohio , the Supreme Court modified the "clear and present danger" test it had applied in Schenck —a point that Joseph somehow overlooked.
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“Donald Trump and his allies are a clear and present danger to American democracy,” he said. “To this very day, the former president, his allies and supporters, pledge that in the ...
Holmes dissented in Abrams, explaining how the clear and present danger test should be employed to overturn Abrams' conviction. The re-emergence of the bad tendency test resulted in a string of cases after Abrams employing that test, including Whitney v.