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- Bad_tendency abstract "In U.S. law, the bad tendency principle is a test which permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. The principle, formulated in Patterson v. Colorado, (1907) was seemingly overturned with the "clear and present danger" principle used in the landmark case Schenck v. United States (1919), as stated by Justice Oliver Wendell Holmes, Jr.. Yet eight months later, at the start of the next Term, in Abrams v. United States (1919), the Court again used the bad tendency test to uphold the conviction of a Russian immigrant who published and distributed leaflets calling for a general strike and otherwise advocated revolutionary, anarchist, and socialist views. Holmes dissented in Abrams explaining how the clear and present danger test should be employed to overturn Abrams' conviction. The arrival of the "bad tendency" test resulted in a string of politically incorrect rulings such as Whitney v. California (1927), where a woman was convicted simply because of her association with the Communist Party. The court ruled unanimously that although she had not committed any crimes, her relationship with the Communists represented a "bad tendency" and thus was unprotected. The "bad tendency" test was finally overturned in Brandenburg v. Ohio (1969) and was replaced by the "imminent lawless action" test.".
- Bad_tendency wikiPageExternalLink about.aspx?item=glossary.
- Bad_tendency wikiPageID "8522837".
- Bad_tendency wikiPageRevisionID "581248119".
- Bad_tendency hasPhotoCollection Bad_tendency.
- Bad_tendency subject Category:Freedom_of_expression.
- Bad_tendency subject Category:Legal_tests.
- Bad_tendency type Abstraction100002137.
- Bad_tendency type Cognition100023271.
- Bad_tendency type Experiment105798043.
- Bad_tendency type HigherCognitiveProcess105770664.
- Bad_tendency type Inquiry105797597.
- Bad_tendency type LegalTests.
- Bad_tendency type ProblemSolving105796750.
- Bad_tendency type Process105701363.
- Bad_tendency type PsychologicalFeature100023100.
- Bad_tendency type Thinking105770926.
- Bad_tendency type Trial105799212.
- Bad_tendency comment "In U.S. law, the bad tendency principle is a test which permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. The principle, formulated in Patterson v. Colorado, (1907) was seemingly overturned with the "clear and present danger" principle used in the landmark case Schenck v. United States (1919), as stated by Justice Oliver Wendell Holmes, Jr..".
- Bad_tendency label "Bad tendency".
- Bad_tendency sameAs m.0276h2p.
- Bad_tendency sameAs Q4840483.
- Bad_tendency sameAs Q4840483.
- Bad_tendency sameAs Bad_tendency.
- Bad_tendency wasDerivedFrom Bad_tendency?oldid=581248119.
- Bad_tendency isPrimaryTopicOf Bad_tendency.