ABSTRACT

This chapter discusses conflicts between, on the one hand, speech, press, and assembly, and, on the other hand, competing interests protected by the state, such as the interest in privacy, reputation, public peace, and order. It examines the constitutional prohibition upon previous restraint or censorship, and upon 'taxes on knowledge". The chapter considers the conception of freedom of speech, press, and assembly as understood in the light of clear and present danger doctrine. The wide scope of the discussion of free speech and press up to this point discloses how little has been left for disposition by the clear and present danger doctrine. The meaning and importance of the clear and present danger doctrine have been whittled down substantially even in the instances where it concededly has relevance. In a word, only an emergency can justify a limitation on the right of speech and press.