Is The First Amendment Law? A Reply to Professor Mendelson
1963; UC Berkeley School of Law; Volume: 51; Issue: 4 Linguagem: Inglês
10.2307/3478937
ISSN1942-6542
Autores Tópico(s)Legal Systems and Judicial Processes
ResumoS. 494, 510 (1951), the test was said to be "whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger."While this was put forward as an interpretation of the "clear and present danger" test, it seems rather to transform that test into a balancing test, since it completely eliminates the requirement that "force" must be "very likely to follow an utterance before there is a chance for counter-argument to have effect . . .."
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