Clear 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.