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Clear and Present Danger Determines If Speech Causes Violence

Decent Essays
1) The various tests the government has come up with are the “bad tendency”, “clear and present danger”, and “direct incitement” tests. Bad tendency test is to determine when speech has a tendency to induce illegal behavior but does not directly encourage the behavior or tell people to do anything. Clear and present danger is used to determine if speech actually has the capability and will cause violence or cause people to do something illegal and can then be restricted. The direct incitement test is speech that is intended to cause lawless action and illegal activity and goes beyond just putting the thought out there. It involves actually motivating and advocating violent or illegal activity and can be restricted. (Roberson, 2014) I…show more content…
If they act on it then lock them up but otherwise people should be within their right to freedom of speech no matter what they say. 2) Constitutional Amendments 4, 5, 6, part of 7, and 8 include our “Due Process” rights. Due process is defined as “a variety of procedural guarantees for those accused of crimes” The 4th amendment includes the right that protects people from unreasonable search and seizure and requires both probable cause and a warrant. It only allows the police to search for the person being arrested, things in view of that person, and things the person can reach that are in their immediate control. The 5th amendment protects against self-incrimination. People don’t have to answer any questions that might incriminate themselves and they can “plead the 5th” which means they are refusing to answer because it might incriminate them if they do. People have to be read their Miranda rights when they are being arrested and that lets them know they have the right to remain silent. The 6th amendment gives people the right to council and the right to trial by jury. So if you cannot afford an attorney you will receive a public defender to help with your case. You also have the right to a speedy and public trial by a jury of your peers. The 7th amendment protects you from being tried by a jury and then having the court overturn their decision. The 8th amendment protects against cruel and
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