Define: Clear And Present Danger

“Clear and present danger” is a legal doctrine that originated in US Supreme Court jurisprudence and refers to a standard for restricting freedom of speech under certain circumstances. The doctrine holds that the government may limit free speech when it poses a clear and present danger of bringing about substantive evils that Congress has the right to prevent. This standard has been used to justify restrictions on speech that incites violence, promotes illegal activities, or threatens national security. The doctrine balances the protection of free speech rights with the government’s interest in maintaining public safety and order.

Speech that poses a “clear and present danger” to the public or government will not be protected under the First Amendment’s guarantee of free speech. The classic example is that shouting “Fire!” in a crowded theatre is not protected speech.

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This glossary post was last updated: 29th March 2024.