 | Indiana - 1921 - 1336 páginas
...1.— RELIGIOUS AND POLITICAL FREEDOM. 25. The question of freedom of speech in every case is whether the words are used in such circumstances and are of...bring about the substantive evils that congress has a. right to prevent. Schenck v. United States, 249 US 47, 39 Sup. Ct. 247, 63 L. ed. 470. A person may... | |
 | Thomas Reed Powell - 1919 - 472 páginas
...constitutional guarantee of freedom of speech. This was that " the question in every case is whether the words . . . are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent." So in these later cases the disagreement between the majority and the minority is... | |
 | Scott Nearing - 1919 - 108 páginas
...superior to any law that Congress might pass, but the Court specifically holds in the Schenk Case that if "the words are used in such circumstances and are...bring about the substantive evils that Congress has a right to prevent." Then the First Amendment affords no protection. Congress is made the arbiter. Congress... | |
 | 1920 - 894 páginas
...constitutional guarantee of freedom of speech. This was that " the question in every case is whether the words . . . are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent." So in these later cases the disagreement between the majority and the minority is... | |
 | United States. Supreme Court - 1921 - 628 páginas
...249 (63 L. Ed. 470), declared by a unanimous court to be this: "The question in every case is whether the words • • • are used in such circumstances...bring about the substantive evils that Congress has a right to prevent It is a question of proximity and degree." This Is a rule of reason. Correctly applied,... | |
 | Frank Irving Cobb - 1924 - 442 páginas
...long ago declared by a unanimous Supreme Court in these words: The question in every case is whether the words are used in such circumstances, and are...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. tain the thesis that the amount of violence... | |
 | William Brooke Graves - 1928 - 1326 páginas
...long ago declared by a unanimous Supreme Court in these words : The question in every case is whether the words are used in such circumstances, and are...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. It is a safe rule in every case that the... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1952 - 560 páginas
...license. But as Mr. Justice Holmes also said of free speech : "The question in each case is whether the words are used in such circumstances and are of...bring about the substantive evils that Congress has the right to prevent." Holmes was the father of the "clear and present danger" doctrine — a philosophy... | |
 | United States. Supreme Court - 1920 - 996 páginas
...Sup. Ct. Rep. 247, declared by a unanimous court to be this : "The question in every ease is whether the words are used in such circumstances and are of...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree." This is a rule of reason. Correctly applied,... | |
 | United States. Congress. Senate. Commerce - 1967 - 388 páginas
...outcome of the elections based on relatively few returns, is that, in the words of Justice Holmes, "the words are used in such circumstances and are...bring about the substantive evils that Congress has a right to prevent." Schenck v. United States, 249 US 47, 52 (1919). Congress has a right to preserve... | |
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The question in every case is whether the words 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. 
