Bad tendency (legal)

Bad tendency (legal)

Bad Tendency a legal term, refers to the restriction of Freedom of Speech by the government if it is believed that it had a sole tendency to incite or cause illegal activity. The "Bad Tendency" principle, formulated in Patterson v. Colorado, (1907) was overturned with the "Clear and present danger" principle used in the landmark case Schenck v. United States, as stated by Justice Oliver Wendell Holmes, Jr(1919).

References

First Amendment Topics. The First Amendment Center. http://www.firstamendmentcenter.org/about.aspx?item=glossary


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