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In reply to the discussion: Stunning Trump revelations raise fears of a dark, violent future [View all]erronis
(24,549 posts)16. There are a couple of other uses that predated Luttig and Clancy
In law: Schenck vs. the United States (https://www.law.cornell.edu/wex/clear_and_present_danger)
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.
Requirements:
The clear and present danger test features two independent conditions: first, the speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. The court had to identify and quantify both the nature of the threatened evil and the imminence of the perceived danger.
Scope of the test:
The rule has been appliedwith very mixed resultsin cases involving
● criminal prosecutions for opposition to war
● statutes penalizing the advocacy of the overthrow of the government by force or violence
● attacks on courts or judges or contempt proceedings against lawyers
● picketing
● regulation of prison inmates' access to newspapers, periodicals, and so forth
● incitement to commit crimes
● breach of the peace or disorderly conduct
Requirements:
The clear and present danger test features two independent conditions: first, the speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. The court had to identify and quantify both the nature of the threatened evil and the imminence of the perceived danger.
Scope of the test:
The rule has been appliedwith very mixed resultsin cases involving
● criminal prosecutions for opposition to war
● statutes penalizing the advocacy of the overthrow of the government by force or violence
● attacks on courts or judges or contempt proceedings against lawyers
● picketing
● regulation of prison inmates' access to newspapers, periodicals, and so forth
● incitement to commit crimes
● breach of the peace or disorderly conduct
and an earlier neocon efforts grouped under the "Committee on the Present Danger":
https://en.wikipedia.org/wiki/Committee_on_the_Present_Danger
The second incarnation of this committee were perhaps the most damaging. And some of the players are still playing with foreign and domestic policy.
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Yep, happening in broad daylight. But if someone suggests we act like we are in an
Eliot Rosewater
Jun 2022
#4
My first suggestion was a high profile Dem goes on MSNBC or CNN or any Sunday
Eliot Rosewater
Jun 2022
#9
It is the point of getting those folks to hear the REST of what the person has to say...
Eliot Rosewater
Jun 2022
#13
They never really like democracy in the first place. It was always in the way. n/t
Whiskeytide
Jun 2022
#7
it's only "not remotely disqualifying" because the media refuses to hold their feet to the fire
unblock
Jun 2022
#10
I'd take it several steps further. Many in the media empires are complicit and even encouraging
erronis
Jun 2022
#17
Even just the profit motive, absent any journalistic principles, is damming enough.
unblock
Jun 2022
#20
I forgot to say I like your set of questions the media should be asking. Excellent.
erronis
Jun 2022
#21
My post was directed to all of those in the swing states, around a mere 100,000 or so voters
Aristus
Jun 2022
#19
"shrink government down and then drown it in a bathtub" - more like moving the seat of government
erronis
Jun 2022
#24
Three days ago our power went of in Central OH so i listened to a local AM station for updates ...
Botany
Jun 2022
#22