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The Freedom of Speech
Throughline
The Origins of Free Speech in the United States
Brandenburg is hugely important to modern day First Amendment understandings of free speech. We really have to look at some of the cases that preceded Brandenburg to see just where the break is. Oliver Wendell Holmes, the Civil War veteran who's on the court, articulates what we need to think about to answer this question of harm and danger. The clear and present danger test is one that really comes to light in a case named Anita Whitney.
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