Abstract
We argue in this Article that the Clear and Present Danger test ought to be abandoned and replaced with a nearly categorical prohibition on the abridgement of speech. The Free Speech Clause should protect all speech unless three conditions are satisfied: (1) the speaker's specific intent in uttering the speech is to cause an unlawful injury, (2) the injury in fact occurs as a proximate result of the speech, and (3) the speaker, through his or her speech, overwhelmed (i.e., controlled) the will of the listener. This test we propose would permit almost no speech whatsoever to be punished, and, for the reasons we elaborate on, it is superior to the CPD test.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
