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Precisely the opposite. "More stringent tests" mean that any law that tries to limit speech must pass an exceedingly high bar — higher than ever before. The "cl
by didgeoridoo 9y ago
Precisely the opposite. "More stringent tests" mean that any law that tries to limit speech must pass an exceedingly high bar — higher than ever before. The "clear and present danger" test used by Oliver Wendell Holmes in his "crowded theater" opinion basically says that any speech that could cause dangerous effects could be outlawed. Modern 1st Amendment jurisprudence, by contrast, has evolved toward the "fighting words" standard, which basically limits restrictions on speech to outlawing "true threats"; e.g. me saying I'm going to kill you.