4. It must apply equally to all Clear and present danger rule refers
members of the class. to speech that is not constitutionally
protected and poses an imminent and
Requisites of a Valid Warrant material danger to the public or
1. It must be based upon probable government.
cause.
2. The probable cause must be Dangerous Tendency Doctrine under
determined personally by the this test, a person could be punished for
judge. his ideas even if they only tended to
3. The determination must be made create the evil sought to be prevented.
after examination under oath or
affirmation of the complainant Balance of Interest Test – when a
and the witnesses he may particular conduct is regulated in the
produce. interest of public order, and the
4. It must particularly describe the regulation results in an indirect,
place to be searched and persons conditional, partial abridgment of
and things to be seized. speech, the duty of the courts is to
determine which of the two conflicting
Probable cause such facts and interests demands the greater
circumstances that would lead a protection under the particular
reasonably discreet and prudent man to circumstances presented.
believe than an offense has been
committed and that the objects sought
in connection with the offense are in the
place sought to be searched.
Religious Tests
FREEDOM OF EXPRESSION
Tests of limitations of the Freedom of
Expression:
1. Clear and present danger rule
2. Dangerous tendency doctrine
3. Balancing test