The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. Congressional Serial Set - Page 71932Full view - About this book
| 1919 - 2026 pages
...Schenck v. United States, 249 US 47, 39 Sup. Ct. 247, 63 L. Ed. (March 3, 1919), the court said : "The question In every case is whether the words used are used In such circumstances and are of such a nature as to create a clear and present dan-' ger that they will bring about the substantive... | |
| 1920 - 1058 pages
...Holmes' conclusion in the Schenck Case, 249 US 47, 52, 39 Sup. Ct. 247, 249 (63 L. Ed. 470) : "The question In .every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring aliout the substantive... | |
| 1920 - 1156 pages
...Law, and concern' ing a prosecution under that act the Supreme Court of the united States said: "The question in every case is whether the words used are used in snch circumstances and are of such a nature as to create a clear and present danger that they will... | |
| 1922 - 956 pages
...10212a-10212h) for preventing recruiting by named illegal acts, the Supreme Court, by Justice Holmes, said: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." Schenck v. US, 249 US 47, (H6 A.) Publications Inciting or encouraging revolution... | |
| 1920 - 1216 pages
...speech would not protect a man in falsely shouting 'Fire !' in a theater and causing a panic. * * » The question in every case is whether the words used are used in such circumstances and are of such nature ая to create a clear and present danger that they will bring about the substantive... | |
| Thomas Reed Powell - 1919 - 472 pages
...constitutional rights. But the character of every act depends upon the circumstances in which it is done The question in every case is whether the words used are used in such circumstance* and are of such a nature as to create a clear and present danger that they will '" (1919)... | |
| Zechariah Chafee (Jr.) - 1919 - 40 pages
...act depends upon the circumstances in which it is done. * * * The question in every case is whettttr the words used are used in such circumstances and...degree. When a nation is at war many things that might he said in time of peace are such a hindrance to its effort that their utterance will not be endured... | |
| Scott Nearing - 1919 - 108 pages
...rights. But the character of every act depends upon the circumstances in which it is done. . . . The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." / That is the Debs decision. That is the method in which the Supreme Court handled... | |
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