On The Principle "Clear And Present Danger" Of Mr. Justice Holmes

Oliver Wendell Holmes is one of the most famous of the judge as American history and American justice history. In more than 50 years of judge career, many of his judicial speech in the United States have raised one after another trend in American law and even the whole society . His liberalism pursuit almost run through the United States Supreme Court modern legal system. In Holmes'judge career , the judicial decisions he wrote ,particularly reflected on freedom of speech, still be cited and compiled into books to this day. The principle"Clear and Present Danger"is Holmes'efforts and trying between restrictions on free speech and protection. The process of founded, development and perfection on the principle"Clear and Present Danger"reflects the development track of the free speech protection in the United States. The principle"Clear and Present Danger"well played a role on guarantees freedom of speech function through the constitution and judicial review.Combining with the federal Supreme Court about first amendment classic case, this article systematically analyzes the process of founded, development and perfection on the principle"Clear and Present Danger"in historical background. To compare the restriction freedom of speech at the very period American constitutionalism, Combed and demonstrated in different historical periods for the application of the principle"Clear and Present Danger". Meanwhile ,through reading Holmes'thought and life, explore Holmes'legal thoughts during the transformation process of he principle"Clear and Present Danger". Then revealed the principle and method of objective laws which reflected in the principle"Clear and Present Danger"about American freedom of speech security and restrictions.