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" 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 7
1932
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 257-258

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...
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The Federal Reporter, Volume 264

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...
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The Pacific Reporter, Volume 190

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...
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Atlantic Reporter, Volume 115

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...
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The South Western Reporter, Volume 220

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...
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Constitutional Law in 1917-1918: The Constitutional Decisions of the Supreme ...

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)...
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Freedom of Speech in War Times

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...
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The Debs Decision

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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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 249

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1919 - 762 pages
...words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 US 418, 439. (The question in every case is whether the words used are...bring /about the substantive evils that Congress has a right to 1 prevent. It is a question of proximity and degree. When a nation is at war many things that...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 251

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1920 - 676 pages
...was in Schenck v. United States, 249 U. 8. 47, 52, declared by a unanimous court to be this:— "The question in every case is whether the words used are...prevent. It is a question of proximity and degree." This is a rule of reason. Correctly applied, it will preserve the right of free speech both from suppression...
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