Law

Islamic State's Challenge to Free Speech

Does "clear and present danger" fit the age of terror and social media?
by
Cass R. Sunstein

Learned Hand, meet these hands.

 Photographer: Saeed Khan/AFP/Getty Images

The intensifying focus on terrorism, and on Islamic State in particular, poses a fresh challenge to the greatest American contribution to the theory and practice of free speech: the clear and present danger test. In both the U.S. and Europe, it’s worth asking whether that test may be ripe for reconsideration.

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