Clear and Present Danger Quotes
In WWI Congress had passed a law that prohibited anyone from undermining or interfering with the war effort. The defendants had passed out anti-war literature to young men heading for military service. The court then overlooked the First Amendment and came up with a strange logic where the “clear and present danger” was the test of whether the First Amendment would apply. The anti war pamphleteers went to jail. Today, we look back on this and find it very surprising but this is yet another example of erosion of freedom and civil liberties when the nation is at war. By the 1950s, the Supreme Court had reversed itself and the First Amendment was restored to its original intent.
Other nations had nuclear weapons but were not regarded as threats to national and world security. The problem was that Iran was the ONLY nation which was a theocracy in which the leadership strongly advocated death (martyrdom) to defend Islam; had for years had a population that on frequent occasions publically called for “Death to the Untied States”; Iran’s President is the only national leader and member of the United Nations that has called for the obliteration of another member state—Israel; has continuous supported the worst of the non state terrorist organizations by giving them arms and money. A small nuclear bomb smuggled into the US by terrorist organizations could make 9-11 look like a minor problem.
In this famous case the unanimous court allowed the conviction of pacifists who wrote a pamphlet saying that the military draft was unconstitutional and wrong. The logic was that there was an immediate “clear and present danger” to the nation and therefore the usual Constitutional protections did not apply.