A person may be convicted for making a speech or for pamphleteering if a judge rules ex post facto that the speaker or publisher created a ‘clear and present danger' that his forbidden or revolutionary thesis would be accepted by a least some of the audience. (William O. Douglas)

A person may be convicted for making a speech or for pamphleteering if a judge rules ex post facto that the speaker or publisher created a ‘clear and present danger' that his forbidden or revolutionary thesis would be accepted by a least some of the audience.

William O. Douglas

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