Constitutional Law

Question 1

What is the Clear and Present Danger test?

Answer 1

Speech may be punished or banned under the clear and present danger test whenever it is directed to producing or inciting imminent lawless action and is likely to produce such action.

Question 2

Standing

Answer 2

(1) injury in fact (concrete and particularized harm–including future harm but not hypothetical) must be actual and imminent.
(2) Causation (D caused injury)
(3) Redressability (can be remedied by court)