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 SCHNEIDER V. The Government's Classification of Private Ideas: Hearings Before a ... - Page 788by United States. Congress. House. Committee on Government Operations. Subcommittee on Government Information and Individual Rights - 1981 - 842 pagesFull view - About this book
| Law reports, digests, etc - 1920 - 1058 pages
...Holmes' conclusion in the Schenck Case, 249 US 47, 52, 39 Sup. Ct. 247, 249 (63 L. Ed. 470) : "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 aliout the substantive... | |
| Law reports, digests, etc - 1919 - 2026 pages
...Schenck v. United States, 249 US 47, 39 Sup. Ct. 247, 63 L. Ed. (March 3, 1919), the court said : "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 dan-' ger that they will bring about the substantive... | |
| Law reports, digests, etc - 1920 - 1156 pages
...States, and concerning a prosecution under that statute 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." Schenck v. United States, 249 US 47, 39 Sup. Ct. 247, 63 L. Ed. 470. Applying that... | |
| Law reports, digests, etc - 1922 - 956 pages
...10212a-10212h) for preventing recruiting by named illegal acts, the Supreme Court, by Justice Holmes, said: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." Schenck v. US, 249 US 47, (H6 A.) Publications Inciting or encouraging revolution... | |
| Law reports, digests, etc - 1920 - 1216 pages
...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 used in such circumstances and are of such nature ая to create a clear and present danger that they will bring about the substantive... | |
| United States. Supreme Court - Courts - 1919 - 762 pages
...shouting fire in a theatre and causing a panic. It does not even protect a man from an inj unction against uttering words that may have all the effect...bring /about the substantive evils that Congress has a right to 1 prevent. It is a question of proximity and degree. When a nation is at war many things that... | |
| Scott Nearing - Freedom of speech - 1919 - 108 pages
...rights. But the character of every act depends upon the circumstances in which it is done. . . . The question in every case is whether the words used are...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... | |
| Appellate courts - 1920 - 740 pages
...where they conie from, 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...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)... | |
| Electronic journals - 1920 - 1160 pages
...principle laid down by 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...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,... | |
| American Bar Association - Bar associations - 1920 - 852 pages
...Justice Holmes said: " The character of every act depends on the circumstances in which it was done The question in every case is whether the words used,...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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