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erronis

(24,549 posts)
16. There are a couple of other uses that predated Luttig and Clancy
Fri Jun 17, 2022, 04:01 PM
Jun 2022

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 applied—with very mixed results—in 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.


Recommendations

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KnR Hekate Jun 2022 #1
Can't say we haven't been warned. calimary Jun 2022 #2
Dark times coming indeed...nt Wounded Bear Jun 2022 #3
Yep, happening in broad daylight. But if someone suggests we act like we are in an Eliot Rosewater Jun 2022 #4
What Drastic things shall we do? CrackityJones75 Jun 2022 #8
My first suggestion was a high profile Dem goes on MSNBC or CNN or any Sunday Eliot Rosewater Jun 2022 #9
So the drastic measure is using the F word? CrackityJones75 Jun 2022 #11
It is the point of getting those folks to hear the REST of what the person has to say... Eliot Rosewater Jun 2022 #13
It means they have given up on American democracy. Baitball Blogger Jun 2022 #5
They never really like democracy in the first place. It was always in the way. n/t Whiskeytide Jun 2022 #7
Doesn't the phrase "clear and present danger" have ... Whiskeytide Jun 2022 #6
There are a couple of other uses that predated Luttig and Clancy erronis Jun 2022 #16
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
Thanks. Really just the same sort of questions they ask democrats unblock Jun 2022 #28
Thanks a lot, all you "I just didn't trust Hillary" fuckbags! Aristus Jun 2022 #12
BUT, Hillary won the popular vote without them... maddiemom Jun 2022 #18
My post was directed to all of those in the swing states, around a mere 100,000 or so voters Aristus Jun 2022 #19
Get your point... maddiemom Jun 2022 #33
This message was self-deleted by its author Chin music Jun 2022 #14
Exactly what did people think they meant when they talked about wanting to Solly Mack Jun 2022 #15
"shrink government down and then drown it in a bathtub" - more like moving the seat of government erronis Jun 2022 #24
Or when they said they create reality... SalviaBlue Jun 2022 #34
Yep Solly Mack Jun 2022 #35
Three days ago our power went of in Central OH so i listened to a local AM station for updates ... Botany Jun 2022 #22
Look to 1930s Germany for your answer. Joinfortmill Jun 2022 #23
Most will vigorously deny the revelations are true. But deep down, I doubt most care. Silent3 Jun 2022 #25
Fox News is doing everything they can to facilitate a civil war happening. Initech Jun 2022 #26
All we can hope for is that the Trump cult turn on each other. Crowman2009 Jun 2022 #27
I am starting to be concerned that our Democracy is doomed kimbutgar Jun 2022 #29
That will not happen if Americans Butterflylady Jun 2022 #30
I agree scare the crap out of them! kimbutgar Jun 2022 #32
Send the terrorists all to GITMO and waterboard them daily. Emile Jun 2022 #31
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