Clear and Present Danger Test | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction / Criminal Law

The Clear and Present Danger Test is a test developed by the SCOTUS to determine if a First Amendment right can constitutionally be curtailed.

The right to freedom of speech, assembly, and the press will usually be protected but may be curtailed if those freedoms are used to create a danger to the public.  For example, you do not have the First Amendment right to shout “fire!” in a crowded theater when there is no fire because someone could be hurt if the crowd panicked.


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Last Modified: 07/06/2021

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