Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence
13 Pages Posted: 6 Sep 2019
Date Written: 2019
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