Clear and immediate danger

Definition

Refers to speech that creates an imminent risk or threat causing harm or injury to others' physical safety. It goes beyond mere advocacy or abstract discussions and presents an immediate threat that can be reasonably anticipated.

Related terms

Incitement Doctrine: Legal principle stating that speech intended to incite violence or illegal activity is not protected under the First Amendment.

Imminent Lawless Action Test: A standard used by courts when determining if certain forms of speech, such as hate speech, fall outside of First Amendment protection. It focuses on whether the speech is likely to incite imminent lawless action.

Fighting Words: Provocative or offensive language that is directed at an individual and likely to incite a physical altercation. Such words are generally not protected by the First Amendment.