What is the 'bad tendency doctrine'?

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The 'bad tendency doctrine' is a legal principle that permits the limitation of speech if it is believed that such speech could lead to harm or illegal activities. This concept emerged primarily from early 20th-century case law, notably in the context of evaluating whether certain expressions, particularly those related to political dissent or criticism of the government, could be restricted if they were thought to result in negative consequences, such as inciting violence or promoting illegal acts.

This doctrine reflects a more restrictive approach to free speech, contrasting with principles that protect all forms of speech regardless of potential negative consequences. It emphasizes the government's role in preemptively addressing potential dangers that could arise from certain expressions, highlighting a balancing act between the right to free expression and the need to maintain public order and safety.

The other options do not accurately capture the essence of the bad tendency doctrine; they either describe broader principles of free speech protection or address issues unrelated to speech restriction motivated by anticipated harm.

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