 | Brigitte Lebens Nacos - 2002 - 236 σελίδες
...protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effects of force — The question in every case is whether the words used are used in such circumstances... | |
 | James A. Curry, Richard B. Riley, Richard M. Battistoni - 2003 - 660 σελίδες
...protect a man in falsely shouting fire in a theatre, and causing a panic. According to Holmes, "[t]he question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." To Holmes, it was "a question of proximity and degree." The defendant's words, printed... | |
 | Richard A. Epstein - 2003 - 324 σελίδες
...principle in Abrams was more restrictive of government practice than his earlier remark in Schenck: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent" (249 US at 52). 15. Note that inducement of breach of contract is not just some newly... | |
 | 2002 - 484 σελίδες
...first time, what became famous as the clear and present test. "The question in every case," he wrote, "is whether the words used are used in such circumstances...substantive evils that Congress has a right to prevent." It was in this case, too, that Holmes made it clear that the free speech guarantee is not absolute. Speech... | |
 | Howard Zinn - 2009 - 516 σελίδες
...speech would not protect a man in falsely shouting fire in a theatre and causing a panic. . . . The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent. Holmes's analogy was clever and attractive. Few people would think free speech should... | |
 | Howard Zinn - 2003 - 372 σελίδες
...speech would not protect a man in falsely shouting fire in a theatre and causing a panic. . . . The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent.14 It was a clever analogy. Who would think that the right of free speech extended... | |
 | Richard C. Leone, Gregory Anrig - 2003 - 338 σελίδες
...the constitutionality of the law. "The question in every case," he wrote in a controversial decision, "is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent." Schenk's "words," he insisted, were designed to undermine the draft and were therefore... | |
 | Richard C. Leone, Gregory Anrig - 2003 - 338 σελίδες
...constitutionality of the law. “The question in every case,” he wrote in a controversial decision, “is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent.” Schenk's “words,” he insisted, were designed to undermine the draft and were... | |
 | Douglas B. Reeves - 2002 - 320 σελίδες
...protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction...question in every case is whether the words used are in such circumstances and are of such a nature as to create a clear and present danger that they will... | |
 | Richard A. Posner - 2009 - 428 σελίδες
...protect a man in falsely shouting fire in a theater, and causing a panic."10 Speech may be punished when "the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent."" With the country at war, Congress had a legitimate and indeed urgent interest in... | |
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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. 
