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Convenient, Affordable Legal Help - Because We Care! Bad Tendency Doctrine Law and Legal Definition. Bad tendency doctrine is a doctrine used in interpreting the First Amendment that allows governments to infringe upon freedom of speech even though the amendment specifically forbids that. USLegal Home
https://definitions.uslegal.com/b/bad-tendency-doctrine/
The doctrine that free speech cannot be restricted unless there is a close connection between a speech and illegal action is called a. the Clear and Present Danger test. b. the speech and dangerous result test. c. the speech and action test. d. absolutist doctrine. This preview has intentionally blurred sections.
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Bad tendency. 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.
https://en.wikipedia.org/wiki/Bad_tendency
Although the Court referred to the clear and present danger test in a few decisions following Thornhill, the bad tendency test was not explicitly overruled, and the clear and present danger test was not applied in several subsequent free speech cases involving incitement to violence. Dennis v. United States
https://en.wikipedia.org/wiki/Clear_and_present_danger
Clear and present danger. 1  The concept of clear and present danger is a rationale for the limitation of free speech originated in a majority opinion written in 1919 by Supreme Court Justice Oliver Wendell Holmes.
https://en.wikipedia.org/wiki/Clear_and_present_danger
Bad Tendency Doctrine Law and Legal Definition Bad tendency doctrine is a doctrine used in interpreting the First Amendment that allows governments to infringe upon freedom of speech even though the amendment specifically forbids that. According to this doctrine, the government will have the capacity to restrict certain speech if it can prove that a speech will have a tendency to cause or incite illegal activities.
https://definitions.uslegal.com/b/bad-tendency-doctrine/
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Gitlow was decided based on the bad tendency test, but the majority decision acknowledged the validity of the clear and present danger test, yet concluded that its use was limited to Schenck-like situations where the speech was not specifically outlawed by the legislature.
https://en.wikipedia.org/wiki/Clear_and_present_danger
Holmes later wrote that he intended the clear and present danger test to refine, not replace, the bad tendency test. Although sometimes mentioned in subsequent rulings, the clear and present danger test was never endorsed by the Supreme Court as a test to be used by lower courts when evaluating the constitutionality of legislation that regulated speech.
https://en.wikipedia.org/wiki/Clear_and_present_danger
what is bad tendency test
In United State 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. In the United States 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.