 | Joy Hakim - 2003 - 438 σελίδες
...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...bring about the substantive evils that Congress has a right to prevent. When a nation is at war many things that might be said in time of peace are such... | |
 | Jay Shafritz - 2004 - 319 σελίδες
...theatre and causing a panic." Holmes created the test that has often been used in free-speech cases: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." client state I. A state the interests of which are subordinated to another states... | |
 | Robert E. Denton - 244 σελίδες
...free speech would not protect a man in falsely shouting fire in a theater, and causing a panic. Ii does not even protect a man from an injunction against...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... | |
 | David M. Kennedy - 2004 - 452 σελίδες
...pamphlets urging potential army inductees to resist conscription. "The question," Holmes declared, "is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent."92 Schenck had clearly counseled illegal action, and thus would have been convicted... | |
 | Richard A. Posner - 2004 - 474 σελίδες
...falsely shouting fire in a theater, and causing a panic."7 Speech may therefore be suppressed when "the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent."8 With the country at war, Congress had a legitimate and indeed urgent interest in... | |
 | Mark Sidel - 2004 - 246 σελίδες
...to refuse to submit to the draft." The Court held that the doctrine of free speech "does not . . . protect a man from an injunction against uttering words that may have all the effect of force" and that such circumstances are justified "[w]hen a nation is at war [because] many things that might... | |
 | Ragnhildur Helgadóttir - 2006 - 297 σελίδες
...both common law and statutory offences." 885 881 Schenck v. US, 249 US 47 (1919). Holmes wrote: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." Ibid, p. 52. 882 The ECJ, formally named The Court of Justice of the European Communities,... | |
 | Bernard Williams - 2005 - 210 σελίδες
...censorship on any grounds very difficult. Mr. Justice Holmes in 1919 produced an influential formula: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent"; and restrictions in such terms have been taken to protect even overtly racist demonstrations,... | |
 | George Anastaplo - 2005 - 918 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...uttering words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 US 418, 439 [l91l]. The question in every case is whether the... | |
 | Elisabeth Israels Perry, Karen Manners Smith - 2006 - 433 σελίδες
...upheld the man's conviction, not because he wanted to suppress the man's right to speak but because "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." When his colleagues on the Court later appealed to the "clear and present danger"... | |
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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. 
