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"The obvious purpose of the statute is to protect existing Government, not from change by peaceable, lawful, and constitutional means but from change by violence, revolution, and terrorism," Vinson wrote. The Court believed that the actions of the leaders in organizing the Communist party presented a "clear and present danger" to the government, even if the success of the conspiracy was not likely...
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As Chief Justice Vinson stated: "It is the existence of the conspiracy which creates the danger. If the ingredients of the reaction are present, we cannot bind the Government to wait until the catalyst is added" before acting to protect society from the danger that will result. In effect, Vinson revised the clear and present danger standard, accepting the opinion of Judge Learned Hand that since a "clear and probable danger" existed, the government had a right to protect itself...
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