8 jun 1925 ano - Gitlow v New York

Descrição:

This was the court case that set up the precedent of “clear and present danger”. It started when a man, Benjamin Gitlow, was distributing left wing, socialist pamphlets that called for the establishment of socialism in the United States. He was arrested and taken to court for trying to overthrow the government and the question was whether or not people really have freedom of speech. The answer was yes, that people do have freedom of speech, unless their speech would result in dangerous situations or actions. Thus came the clear and present danger test.

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