What finally emerges from the 'clear and present danger'…
“What finally emerges from the 'clear and present danger' cases is a working principle that the substantive evil must be extremely serious and the degree of imminence extremely high before utterances can be punished...It must be taken as a command of the broadest scope that explicit language, read in the context of a liberty-loving society, will allow.”
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
The law should only punish speech when it poses an immediate, serious threat, not for mere offensive content.
In simple terms: Only extreme, imminent danger justifies speech restrictions.
Key Takeaway
Limit speech bans to truly dangerous cases.
Themes
free speech
law
public safety
Mood
cautious
analytical
Type
legal
philosophical
When to use this quote
- government
- court rulings
Key Concepts
legal standards
civil liberties
danger assessment
Questions to Reflect On
- When does speech become a real threat?
- Who decides the threshold of danger?
A Different Perspective
Balancing safety and liberty can be subjective and politically charged.