Q: How is the Clear and Present Danger” (or “Bad Tendency”) test different from Clear and Imminent Danger” test as proposed by Dave?
- Dave says this test is different from the “Clear and Present Danger” (or “Bad Tendency”) test of Schenck, Frohwerk, and Debs because it focuses on the proximity between the speech and the act it encourages. But Dave emphasizes that the test does not go so far as to require “direct incitement.”
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