Dangerous-Tendency Test Law and Legal Definition

Dangerous tendency test is applied to detect whether an act caused evil for a society. When a substantive evil is identified, it is not unconstitutional for a government to interfere. For example, in the U.S., speech having a dangerous tendency is a seditious speech and is subject to punishment. A state can forbid speech and publication when they have a tendency to result in an action dangerous to public security. In order to punish the offender, clear and present danger is not necessary. The legislature can decide that an entire class of speech is so dangerous that it should be prohibited.