| 词汇 | a clear and present danger |
| 词源 | a clear and present danger; Every idea is an incitement; The Great Dissenter. In the 1919 case Schenk v. United States the U.S. Supreme Court, in a unanimous decision written by Jus- tice Oliver Wendell Holmes, held that speech must present “a clear and present danger” to be considered criminal. Later, in 1925, Holmes dissented from the majority in the Gitlow v. New York case, in which Benjamin Gitlow, during the Red Scare, published a communist manifesto. Wrote Holmes: “It is said that this manifesto is more than a theory, that it was an incite- ment. Every idea is an incitement.” For these and many other liberal opinions Holmes became known as The Great Dissenter, his memorable phrases becoming part of the language. |
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