{"title":"明确而现实的危险标准100周年纪念:将唐纳德·j·特朗普的“总统”言论视为明确而现实的危险","authors":"E. Brewer, Chrys Egan","doi":"10.1080/21689725.2021.1886967","DOIUrl":null,"url":null,"abstract":"ABSTRACT For the past 100 years, the Supreme Court ruling in the case of Schenck v. United States, 249 U.S. 47, from 1919 has stood as a landmark case due to the Court’s creation of a “Clear and Present Danger” standard of freedom of speech. Through the vehicle of the Clear and Present Danger measure, the Court reconsidered that the degree of freedom for inflammatory rhetoric could be legally permissible until the point that realistic danger of harm or illegal action might occur. One century after this ruling, this paper examines the unprecedentedly divisive and uncivil public rhetoric of a US President, Donald J. Trump. Through a descriptive analysis summarizing the characteristics of President Trump’s rhetoric, we contend that Trump generates a level of dangerous Presidential communication not publicly expressed by previous Presidents that arguably could be considered to overstep the limits of free expression set forth by the courts.","PeriodicalId":37756,"journal":{"name":"First Amendment Studies","volume":"55 1","pages":"44 - 58"},"PeriodicalIF":0.0000,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/21689725.2021.1886967","citationCount":"2","resultStr":"{\"title\":\"Clear and present danger standard 100th anniversary: Examining Donald J. Trump’s “presidential” rhetoric as a clear and present danger\",\"authors\":\"E. Brewer, Chrys Egan\",\"doi\":\"10.1080/21689725.2021.1886967\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT For the past 100 years, the Supreme Court ruling in the case of Schenck v. United States, 249 U.S. 47, from 1919 has stood as a landmark case due to the Court’s creation of a “Clear and Present Danger” standard of freedom of speech. Through the vehicle of the Clear and Present Danger measure, the Court reconsidered that the degree of freedom for inflammatory rhetoric could be legally permissible until the point that realistic danger of harm or illegal action might occur. One century after this ruling, this paper examines the unprecedentedly divisive and uncivil public rhetoric of a US President, Donald J. Trump. Through a descriptive analysis summarizing the characteristics of President Trump’s rhetoric, we contend that Trump generates a level of dangerous Presidential communication not publicly expressed by previous Presidents that arguably could be considered to overstep the limits of free expression set forth by the courts.\",\"PeriodicalId\":37756,\"journal\":{\"name\":\"First Amendment Studies\",\"volume\":\"55 1\",\"pages\":\"44 - 58\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/21689725.2021.1886967\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"First Amendment Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/21689725.2021.1886967\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"First Amendment Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/21689725.2021.1886967","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Clear and present danger standard 100th anniversary: Examining Donald J. Trump’s “presidential” rhetoric as a clear and present danger
ABSTRACT For the past 100 years, the Supreme Court ruling in the case of Schenck v. United States, 249 U.S. 47, from 1919 has stood as a landmark case due to the Court’s creation of a “Clear and Present Danger” standard of freedom of speech. Through the vehicle of the Clear and Present Danger measure, the Court reconsidered that the degree of freedom for inflammatory rhetoric could be legally permissible until the point that realistic danger of harm or illegal action might occur. One century after this ruling, this paper examines the unprecedentedly divisive and uncivil public rhetoric of a US President, Donald J. Trump. Through a descriptive analysis summarizing the characteristics of President Trump’s rhetoric, we contend that Trump generates a level of dangerous Presidential communication not publicly expressed by previous Presidents that arguably could be considered to overstep the limits of free expression set forth by the courts.
期刊介绍:
First Amendment Studies publishes original scholarship on all aspects of free speech and embraces the full range of critical, historical, empirical, and descriptive methodologies. First Amendment Studies welcomes scholarship addressing areas including but not limited to: • doctrinal analysis of international and national free speech law and legislation • rhetorical analysis of cases and judicial rhetoric • theoretical and cultural issues related to free speech • the role of free speech in a wide variety of contexts (e.g., organizations, popular culture, traditional and new media).