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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. "
Laws Relating to the Navy, Annotated ...: In Force January 1, 1945 - Σελίδα 88
των United States - 1945
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United States Code Annotated, Τόμος 50

United States - 1928 - 618 σελίδες
...done, and the question of right of protection against abridging freedom of speech in every case being whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent, a question of proximity and degree. Schenck т. US (Pa. TITLE 50. — WAR Ch.4 1019)...

The Central Law Journal, Τόμος 88

1919 - 502 σελίδες
...press guaranteed by the first amendment. On this point the court said: 'fire' In a theatre and causing a panic. It does not even protect a man from an injunction...uttering words that may have all the effect of force (Gompers v. Buck's Stove & Range Co., 221 U. S,, 418, 439, 31 Sup. Ct., 492). The question in every...

Freedom in the Modern World

Horace Meyer Kallen - 1928 - 326 σελίδες
...Amendment by Justice Holmes, speaking for a unanimous court in Schenck v. United States, 249 US 47 = "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." This "clear and present danger" test has since been declared by Justice Sanford...

The Supreme Court of the United States: Its Foundation, Methods, and ...

Charles Evans Hughes - 1928 - 292 σελίδες
...speech," said Justice Holmes, "would not protect a man in falsely shouting fire in a theater, and causing a panic. It does not even protect a man from an injunction...uttering words that may have all the effect of force." Liability for words that had the consequence of causing an actual obstruction of the recruiting service...

The Constitutional Review, Τόμος 7

1923 - 280 σελίδες
...unanimous opinion the Supreme Court of the United States said: 'The question in every case is whether words used are used in such circumstances and are...bring about the substantive evils that Congress has a right to prevent.' Speaking, in a later case, of the Espionage Act, the Supreme Court of the United...

Law and Labor, Τόμος 4

1922 - 360 σελίδες
...United States, 249 US 47. In a unanimous opinion the Supreme Court of the United States said : ' The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent.' Speaking in a later case of the Espionage act, the Supreme Court of the United States...

Atlantic Reporter, Τόμος 115

1922 - 1022 σελίδες
...recruiting by named illegal acts, the Supreme Court, by Justice Holmes, said: "The question in every ease is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent." Schenck v. US, 249 US 47, 39 Sup. Ct. 247, 03 L. Ed. 470. 38 STATE v. SINCHUK (115...

Hearings, Reports and Prints of the Senate Committee on Education ..., Μέρη 9-12

United States. Congress. Senate. Committee on Education and Labor - 1939 - 852 σελίδες
...of free speech would not protect a man in falsely shouting "fire" in a crowded theater and causing a panic. It does not even protect a man from an injunction...uttering words that may have all the effect of force. (See also the case of Frank Hague, Mayor of Jersey City, v. CI 0., decided by Supreme Court of the...

National Labor Relations Act and Proposed Amendments: Hearings ..., Μέρη 1-6

United States. U.S. Congress. Senate. Committee on Education and Labor - 1940 - 1662 σελίδες
...of free speech would not protect a man in falsely shouting "fire" in a crowded theater and causing a panic. It does not even protect a man from an injunction...uttering words that may have all the effect of force. (See also the case of Frank Hague, Mayor of Jersey City, v. CI 0., decided by Supreme Court of the...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 319

United States. Supreme Court - 1943 - 872 σελίδες
...protection given to utterance by the First Amendment, in order that mere utterance may not be proscribed, "the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent." Schenck v. United States, 249 US 47, 52. The "substantive evils" about which he...




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