What is the impact of the clear-and-present danger test on freedom of speech?

California, United States of America


The following excerpt is from Sun Co. of San Bernardino v. Superior Court, 105 Cal.Rptr. 873, 29 Cal.App.3d 815 (Cal. App. 1973):

The clear-and-present danger test 11 has been severely criticized both as giving too much protection to speech (see J. Frankfurter's dissenting opinions in Bridges v. California, Supra, 314 U.S. at 279, 62 S.Ct. 190 and Craig v. Harney, Supra, 331 U.S.

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