Alexander on the Legacy of Schenck and Abrams in Free Speech Jurisprudence

Larry Alexander, University of San Diego School of Law, is publishing Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence in the SMU Law Review. Here is the abstract.

In this article I compare the original clear and present danger cases, Schenck and Abrams, with the Supreme Court’s later amendment of the test in Brandenberg. I raise some problems with the latter case’s test and ask whether the Court has really made any progress.

Download the article from SSRN at the link.