Download This PaperInciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence
13 Pages Posted: 6 Sep 2019 Last revised: 15 Nov 2021
Date Written: 2019
Abstract
In this article I compare the original clear and present danger cases, Schenck and Abrams, with the Supreme Court’s later amendment of the test in Brandenberg. I raise some problems with the latter case’s test and ask whether the Court has really made any progress.
Keywords: Clear and Present Danger, Imminence, Content Neutrality, Incitement, Intent
JEL Classification: K10
Suggested Citation: Suggested Citation
Alexander, Lawrence, Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence (2019). SMU Law Review, Vol. 72, No. 3, San Diego Legal Studies Paper No. 19-405 (2019), Available at SSRN: https://ssrn.com/abstract=3448670 or http://dx.doi.org/10.2139/ssrn.3448670
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