Inciting, Requesting, Provoking, or Persuading Other to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence

Authors

Larry AlexanderFollow

Abstract

In this article I compare the original clear and present danger cases, Schenck and Abrams, with the Supreme Court’s later amendment of the test in Brandenberg. I raise some problems with the latter case’s test and ask whether the Court has really made any progress.

Keywords

clear and present danger, imminence, content neutrality, incitement, intent

Document Type

Article

Year

2019

Digital USD Citation

Alexander, Larry, "Inciting, Requesting, Provoking, or Persuading Other to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence" (2019). Faculty Scholarship. 36.
https://digital.sandiego.edu/law_fac_works/36