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. Freedom of the Press: Rights and Liberties Under the Lawvon Nancy C. Cornwell - 2004 - 355 SeitenKeine Leseprobe verfügbar - Über dieses Buch
| Stephen L. Newman - 2004 - 296 Seiten
...Writing for the Court, Justice Holmes announced the clear and present danger test and proclaimed that "[t]he most stringent protection of free speech would...protect a man in falsely shouting fire in a theatre." Speech can be suppressed, in other words, if there is "a clear and present danger" that it will bring... | |
| Jon Stewart, Ben Karlin, David Javerbaum - 2004 - 248 Seiten
...pornography, eventually settling on the slightly more graphic characterization, "that which gives me wood." "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic" -Schenck v. United States (1919) Holmes's famous dictum on the limits... | |
| Robert E. Denton - 244 Seiten
...constitutional rights. But the character of every act depends upon the circumstances in which it was done. . . . The most stringent protection of free speech 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 ugainst uttering words... | |
| Geoffrey R. Stone - 2004 - 758 Seiten
...constitutional rights. But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic. . . . The question in everv case is whether the words used are used in... | |
| Richard A. Posner - 2004 - 474 Seiten
...these leaflets. "But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic."7 Speech may therefore be suppressed when "the words used are used in... | |
| Joy Hakim - 2003 - 438 Seiten
...to be protected. The character of every act depends upon the circumstance in which it is done.. . . The most stringent protection of free 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... | |
| International Debate Education Association - 2004 - 254 Seiten
...clarify these ambiguities. should be done by an independent body. As Justice Oliver Wendell Holmes wrote, "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing The tyranny of the majority is a good reason to resist government censorship. A... | |
| Mark Sidel - 2004 - 246 Seiten
...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... | |
| Frank Schulman - 2004 - 302 Seiten
...dissenting opinions and is remembered especially for his doctrine of clear and present danger, saying, "Free speech would not protect a man in falsely shouting fire in a theatre and causing panic." He was an active layman in the First Parish of Cambridge, Massachusetts (Unitarian). Holmes... | |
| International Debate Education Association - 2004 - 254 Seiten
...Justice Oliver Wendell Holmes wrote, "the most The tyranny of the majority is a good reason to resist stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." We accept limitations on free speech when it may threaten public safety.... | |
| |