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Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly. ==History== ::''See also: First Amendment issues related to speech critical of government'' Before the twentieth century, most free speech issues involved prior restraint. Starting in the early 1900s, the Supreme Court began to consider cases in which persons were punished ''after'' speaking or publishing. The primary legal test used in the United States to determine if speech could be criminalized was the bad tendency test.〔Rabban, pp 132–134, 190–199.〕 Rooted in English common law, the test permitted speech to be outlawed if it had a tendency to harm public welfare.〔 One of the earliest cases in which the Supreme Court addressed punishment after material was published was 1907's ''Patterson v. Colorado'' in which the Court used the bad tendency test to uphold contempt charges against a newspaper publisher who accused Colorado judges of acting on behalf of local utility companies.〔〔''Patterson v. Colorado'', 205 U.S. 454 (1907). Before 1907, most free speech issues addressed prior restraint rather than punishment after speaking.〕 Anti-war protests during World War I gave rise to several important free speech cases related to sedition and inciting violence. In the 1919 case ''Schenck v. United States'' the Supreme Court held that an anti-war activist did not have a First Amendment right to advocate draft resistance.〔Killian, p 1093.〕〔''Schenck v. United States'', 249 U.S. 47 (1919).〕 In his majority opinion, Justice Holmes introduced the clear and present danger test, which would become an important concept in First Amendment law; but the ''Schenck'' decision did not formally adopt the test.〔 Holmes later wrote that he intended the clear and present danger test to refine, not replace, the bad tendency test.〔〔Rabban, pp 285–286.〕 Although sometimes mentioned in subsequent rulings, the clear and present danger test was never endorsed by the Supreme Court as a test to be used by lower courts when evaluating the constitutionality of legislation that regulated speech.〔Killian, pp 1096, 1100. Currie, David P., ''The Constitution in the Supreme Court: The Second Century, 1888-1986, Volume 2'', University of Chicago Press, 1994, p 269, ISBN 9780226131122. Konvitz, Milton Ridvad, ''Fundamental Liberties of a Free People: Religion, Speech, Press, Assembly'', 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「clear and present danger」の詳細全文を読む スポンサード リンク
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