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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. "
Desecration of the Flag: Hearings Before Subcommittee No. 4 ... 90-1, on H.R ... - Pagina 122
de United States. Congress. House. Committee on the Judiciary - 1967 - 349 pagini
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The Debs Decision

Scott Nearing - 1919 - 108 pagini
...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 circumstances...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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Freedom of Speech

Zechariah Chafee - 1920 - 450 pagini
...character of every act depends upon the circumstances in which it is done. . . . The quettion in every case is whether the words used are used in such circumstances...prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its...
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Political Systems in Transition: War-time and After

Charles Ghequiere Fenwick - 1920 - 352 pagini
...violation of the Espionage Act, Justice Holmes framed the issue as follows : " The question in every case is whether the words used are used in such circumstances...prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such -a hindrance to its...
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Freedom of Speech

Zechariah Chafee - 1920 - 450 pagini
...of every act depends upon the circumstances in which it is done. . . . The question in every cate it whether the words used are used in such circumstances...prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its...
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Harvard Law Review, Volumul 33

1920 - 1160 pagini
...him with the backing of a unanimous court in Schenck v. United States.61 "The question in every case is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent." Since that case is reaffirmed by Justice Clarke this principle still remains law,...
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Annual Report of the American Bar Association: Including ..., Volumul 45

American Bar Association - 1920 - 852 pagini
...character of every act depends on the circumstances in which it was done The question in every case is whether the words used, are used in such circumstances...bring about the substantive evils that Congress has a right to prevent." " Had this rule been thus affirmatively laid down earlier, it seems not unlikely...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1920 - 740 pagini
...to be loyal to this country," etc. Testing the record by the rule that "the question in every case is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent" (Schenck v. United States [March 3, 1919] 249 US 47, 39 Sup. Ct. 247, 63 L. Ed. 470)...
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Supreme Court Reporter, Volumul 39

United States. Supreme Court - 1920 - 640 pagini
...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. 7. ARMY AND NAVY <S=>40— ESPIONAGE ACT— '...
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Revolutionary Radicalism: Its History, Purpose and Tactics with ..., Volumul 3

New York (State). Legislature. Joint Legislative Committee to Investigate Seditious Activities - 1920 - 1212 pagini
...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...prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its...
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Freedom of Speech

Zechariah Chafee - 1920 - 458 pagini
...create a clear and present danger that they will bring about the tubitantive evils that Congress hai a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its...
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