1967
DOI: 10.1093/ptj/47.3.183
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Can We Take It?

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“…211 Of course, Holmes's original "clear and present danger" formulation, forged in the heat of World War I, impliedly stressed imminence in a context capable of evaluating the gravity of a speech-adduced harm. 212 Writing for a plurality in Dennis, Chief Justice Vinson formulated the "clear and present danger" test to do the same by embracing the formula of Judge Learned Hand: "In each case [courts] must ask whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger." 213 Academic commentators, of course, frowned upon Hand's formula as insufficiently generous to "protected" speech-the adjective, of course, begging the question.…”
Section: New York Times Company V United Statesmentioning
confidence: 99%
“…211 Of course, Holmes's original "clear and present danger" formulation, forged in the heat of World War I, impliedly stressed imminence in a context capable of evaluating the gravity of a speech-adduced harm. 212 Writing for a plurality in Dennis, Chief Justice Vinson formulated the "clear and present danger" test to do the same by embracing the formula of Judge Learned Hand: "In each case [courts] must ask whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger." 213 Academic commentators, of course, frowned upon Hand's formula as insufficiently generous to "protected" speech-the adjective, of course, begging the question.…”
Section: New York Times Company V United Statesmentioning
confidence: 99%