1. Hypothetical Brief
... it is protected in the Nation's current times. In order to determine this, we turn to the clear and present danger test as developed in Schenck v. United States, 249 US 47 (O"Brien, 389), by Justice Oliver Wendell Holmes. When applying the clear and present danger ... test, one must look at the present circumstances of both the nation and the world as a whole. Due to the acute acts of terrorism ... circumstance cannot be acutely foreseen. The State Cannot reasonably be required to measure the danger from every such utterance in the nice balance of a jeweler's scale. A single revolution...
- Word Count: 1322
- Approx Pages: 5