a. The Dennis “Clear and Present Danger” test is an acceptable
test, but the majority misapplied the test in this case. Applying
the test to this case, the threat of communism is greatly overrated
and its probability of occurring is small. Thus, under the “Clear
and Present Danger” test, Ds’ conviction should be reversed because
the First Am. protects his speech even though it constituted a
violation of the statute. Also, the jury—not the trial court, as the
majority held—should decide the issue of clear and present danger.
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