First Amendment Limits

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In a democracy, freedom of speech and the press must be accorded great respect, but other values such as national security, the protection of reputation or public safety sometimes conflict with First Amendment guarantees. Discuss the approaches that have been used by the Supreme Court to define the limits on expression. How have these approaches been applied in specific cases?
Several restrictions have been formulated on expression. The first approach used by the Supreme Court is the Clear and Present Danger. It is a test under the Espionage Act in 1919. “Under that test, expression may be restricted if it would cause a dangerous condition, actual or imminent, that Congress has the power to prevent” (Sidlow & Henschen, 83). The second one is The Bad Tendency Rule. This is a more restrictive one, in which the speech could be restricted if it may cause some “evil”. The Court also support the Smith Act in Dennis v. United States. In this case, 11 top leaders “had been convicted of violating the act”, because their activities “went beyond the permissible peaceful advocacy of change” (Sidlow & Henschen, 83).
The third one is The Imminent Lawless Action Test established in 1969, which is the current standard for regulating the legality of the speech. This test states that the speech is restricted only if it is “directed to inciting . . . Imminent lawless action” (Sidlow & Henschen, 83). This standard is difficult to measure so we can say it is looser than the previous ones. The
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