A person may be convicted for making a speech or for pamphleteering if a judge rules ex post facto that the speaker or publisher created a ‘clear and present danger’ that his forbidden or revolutionary thesis would be accepted by a least some of the audience.

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Quote text and notes from Wikiquote: William O. Douglas (page history), available under CC BY-SA 4.0. Source quality and labels are our own summary of what Wikiquote records.