Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. The test was replaced in 1969 with Brandenburg v. Ohio's "imminent lawless action" test.
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action". Specifically, the Court struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California (1927) was explicitly overruled, and Schenck v. United States (1919), Abrams v. United States (1919), Gitlow v. New York (1925), and Dennis v. United States (1951). were effectively overturned.
"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the United States Supreme Court case Brandenburg v. Ohio.
Masses Publishing Co. v. Patten, 244 F. 535, was a decision by the United States District Court for the Southern District of New York, that addressed advocacy of illegal activity under the First Amendment.
Benton v. Maryland, 395 U.S. 784 (1969), is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment applies to the states. In doing so, Benton expressly overruled Palko v. Connecticut.
The United States Reports are the official record of the Supreme Court of the United States. They include rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly-elected member for only those reasons enumerated in that clause.
Kunz v. New York, 340 U.S. 290 (1951), was a United States Supreme Court case finding a requirement mandating a permit to speak on religious issues in public was unconstitutional. It was argued October 17, 1950, and decided January 15, 1951, 8–1. Chief Justice Vinson delivered the opinion for the Court. Justice Black and Justice Frankfurter concurred in the result only. Justice Jackson dissented.
United States v. Montgomery Country Board of Education, 395 U.S. 225 (1969), was a case heard before the United States Supreme Court concerning the integration of public schools in Montgomery County, Alabama.
United States v. Barker, 15 U.S. 395 (1817), was a case decided by the United States Supreme Court upholding the common law tradition that private citizens may not demand costs from the federal government. The case involved a motion for costs filed against the United States Government and resolved the previously unanswered question of whether courts could award costs against the United States federal government. The Court's opinion read, in its entirety, "The United States never pays costs." Jurists have remarked that Chief Justice John Marshall's six-word opinion is one of the shortest Supreme Court cases ever written.