What is the clear and present danger doctrine?
Asked by: Prof. Lisette Kozey II | Last update: February 17, 2026Score: 4.7/5 (52 votes)
The clear and present danger doctrine is a legal standard from U.S. law that allows the government to restrict speech if it creates an immediate, serious threat of harm or illegal action, balancing First Amendment rights with public safety. Established by Justice Oliver Wendell Holmes Jr. in Schenck v. U.S. (1919), it permits censorship of speech that poses a "clear and present danger" of substantial evil, like inciting riots or impeding war efforts, though it was later refined by the "imminent lawless action" test in Brandenburg v. Ohio (1969).
What is the meaning of clear and present danger?
"Clear and present danger" is a legal phrase, originating from U.S. Supreme Court cases, defining when speech or expression can be limited because it poses an immediate, serious threat to public safety, justifying suppression of First Amendment rights like free speech. It requires a threat that is both obvious (clear) and imminent (present), as famously illustrated by Justice Holmes's example of falsely shouting "fire" in a crowded theater, which is not protected speech because of the immediate danger it creates. This test was later refined and largely replaced by the "imminent lawless action" test in Brandenburg v. Ohio (1969).
What is clear and present danger doctrine?
The clear and present danger test originated in Schenck v. the United States. The test says that the printed or spoken word may not be the subject of previous restraint or subsequent punishment unless its expression creates a clear and present danger of bringing about a substantial evil.
What qualifies as clear and present danger?
A clear and present danger qualifies as speech or action that poses a serious, immediate, and substantial threat to public safety or national security, justifying government restriction, originating from the 1919 Schenck v. U.S. case, where speech inciting immediate illegal acts (like yelling "fire" in a crowded theater) or serious harm during wartime falls under this doctrine, balancing free speech with preventing imminent "substantive evil".
What is an example of clear and present danger?
Real-world examples
One example of the application of the clear and present danger doctrine occurred during World War I when the U.S. government restricted anti-war speech that could hinder military recruitment.
⚖️ “Clear and Present Danger” | An Introduction to Constitutional Law
Is clear and present danger still used today?
The imminent lawless action test has largely supplanted the clear and present danger test. The clear and present danger remains, however, the standard for assessing constitutional protection for speech in the military courts.
What happens in clear and present danger?
Agent Jack Ryan (Harrison Ford) becomes acting deputy director of the CIA when Admiral Greer (James Earl Jones) is diagnosed with cancer. When an American businessman, and friend of the president, is murdered on a yacht, Ryan starts discovering links between the man and drug dealers.
What is Oliver Wendell Holmes known for saying?
Oliver Wendell Holmes Jr. Greatness is not in where we stand but in what direction we are moving. We must sail sometimes with the wind and sometimes against it—but sail we must and not drift, nor lie at anchor.
What replaced clear and present danger?
Since the 1960s, the Supreme Court has replaced the “clear and present danger” test with the “direct incitement” test, which says that the government can only restrict speech when it's likely to result in imminent lawless action, such as inciting mob violence.
What is the Holmes Doctrine?
The Holmes doctrine states that the power to tax is also the power to destroy and taxes should be exercised with caution to minimize harm to taxpayers, fairly and uniformly.
What are three things not protected by the First Amendment?
The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.
What does the 27th Amendment to the Constitution say?
The 27th Amendment says that any law changing the salaries of U.S. Senators and Representatives cannot take effect until after the next election for the House of Representatives, preventing lawmakers from giving themselves immediate pay raises and giving voters a chance to weigh in. This amendment, originally proposed in 1789, was ratified in 1992, making it the most recent addition to the Constitution, with the longest ratification period in U.S. history.
What is the standard of proof required?
Proving the accused's guilt beyond reasonable doubt is the standard of proof the Crown must achieve before you can convict them and the words mean exactly what they say — proof beyond reasonable doubt.
What is an example of the clear and present danger doctrine?
United States, this doctrine asserts that speech can be limited if it creates a clear and present danger of causing substantive evils that the government is justified in preventing. Holmes famously illustrated this with the example of falsely shouting "fire" in a crowded theater, which could incite panic.
What happens at the end of clear and present danger?
Clear and Present Danger Ending Explained: How It Ends & What It Means. Ryan confronts the President: Ryan confronts the President about the illegal activities and ethical compromises made during the covert war, leading to a tense showdown and a questioning of authority.
Who first said "clear and present danger"?
Oliver Wendell Holmes, Jr., Zechariah Chafee, Jr., and the Clear and Present Danger Test for Free Speech: The First Year, 1919, 58 J.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
What is the 42 and 44 amendment?
The 42nd Amendment (1976) significantly centralized power and restricted rights during India's Emergency, while the 44th Amendment (1978) was enacted to undo many of those changes, restore democratic safeguards, limit executive authority, and strengthen Fundamental Rights, like changing "internal disturbance" to "armed rebellion" for emergencies and making the President's advice binding only after one reconsideration.
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
What is Holmes' most famous line?
Sherlock Holmes's most famous line is widely considered to be "Elementary, my dear Watson," even though Sir Arthur Conan Doyle never wrote it; it's a creation of stage and film adaptations that combined his frequent use of "elementary" and "my dear Watson". Other iconic lines from the original stories include, "When you have eliminated the impossible, whatever remains, however improbable, must be the truth" and "The game is afoot,".
What is the most famous quote about justice?
"Injustice anywhere is a threat to justice everywhere.
What was Oliver Wendell Holmes most famous poem?
“Old Ironsides”1,2 is an iconic poem written by the physician, curmudgeon, and poet Oliver Wendell Holmes Sr (1804-1894). Holmes Sr should not be confused with his son, Oliver Wendell Holmes Jr (1841-1934), associate justice of the Supreme Court, nicknamed “the Great Dissenter.”
What happened to the president after clear and present danger?
After he briefs the heads of the Special Intelligence Committee, the President deliberately loses the election to Fowler in order to hide the operations and protect the honor of those involved. Escobedo is turned over to his fellow cartel chieftains, who will likely execute him.
What is the most recognizable movie theme song?
The Lion King soundtrack took the top spot, with 86% percent of respondents recognizing the opening song, “Circle of Life.”