Click HERE to see this thread with all of the graphics, features, and links.

Would "clear and present danger" still lead to an arrest today if a war was imminent and a draft introduced in the US?

The "clear and present danger" test is a basic principle for deciding the limits of free speech. It was set by the famous Schenck v. the United States case from World War I. Antiwar activist Charles Schenck was arrested for sending leaflets to prospective army draftees encouraging them to ignore their draft notices. The United States claimed that Schenck threatened national security, and the justices agreed. The principle was established that free speech would not be protected if an individual were a "clear and present danger" to United States security.

People spoke out against the draft all the time during Vietnam.

I think during the world wars you saw some extent of a totalitarian attitude in otherwise democratic countries in order to deal with what they saw as a n existential threat. It's hard to compare to the state of things today... It's even hard to imagine a modern war between real powers like the US and Russia/China because of the inherent threat of a nuclear holocaust.

Originally posted by mike brown
I think during the world wars you saw some extent of a totalitarian attitude in otherwise democratic countries in order to deal with what they saw as a n existential threat. It's hard to compare to the state of things today... It's even hard to imagine a modern war between real powers like the US and Russia/China because of the inherent threat of a nuclear holocaust. We would call it Treason, to be fair it's something all states would stop.

Also the nature of warfare has changed and a draft just doesn't seem necessary anymore. Old wars required massive amounts of foot soldiers.

Originally posted by mike brown
Also the nature of warfare has changed and a draft just doesn't seem necessary anymore. Old wars required massive amounts of foot soldiers.

True, it's why women potentially be forced to sign up for the draft is 100% meaningless. Would have meant something if they did it during the Vietnam era.