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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. "
Foreshadows of the Law: Supreme Court Dissents and Constitutional Development
von Donald E. Lively - 1992 - 168 Seiten
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 59

Montana. Supreme Court - 1921 - 788 Seiten
...of such a nature as to create a clear and present danger that will bring about the substantive evils Congress has a right to prevent. It is a question of proximity and degree." This disposes of the questions suggested by the first, fourth, eighth, thirteenth and fifteenth specifications...
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The Federal Statutes Annotated: Containing All the Laws of the ..., Band 3

United States - 1921 - 1064 Seiten
...in such circumstances as 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. It is я question of proximity and degree. When a nation is at war many things that might be said in time...
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Cases Argued and Decided in the Supreme Court of the United ..., Bände 251-253

United States. Supreme Court - 1921 - 1354 Seiten
...circumstances and are of such a nature as to create a clear and present danger that they will brin^ about the substantive evils that Congress has a right to prevent. It is :i question of proximity and degree." This is a rule of reason. Correctly applied, it will preserve...
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California Law Review, Band 10

1922 - 578 Seiten
...upheld the validity of the Espionage Act. Its constitutional application was limited to situations where the "words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent." Upon this principle the Criminal Syndicalist Act was properly held valid, but the...
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Roll of Membership with Ancestral Records

Sons of the American Revolution. Massachusetts Society - 1923 - 272 Seiten
...act to punish. . . .' and for other purposes." 65th Congress, HR 8753. t Chafee, op. tit., 962. "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent."• In other words, utterances are not to be punished for their own sake, or for...
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Publication of the American Sociological Society, Bände 17-18

American Sociological Association - 1923 - 520 Seiten
...Civil Liberties Union, and for the tabulation of records to Mrs. Lucille Milner, its field secretary. in every case is whether the words used are used in...bring about the substantive evils that Congress has a right to prevent." This decision destroys the belief that political discussion was constitutionally...
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United States Compiled Statutes, Annotated, 1916: Embracing the ..., Band 4

United States - 1923 - 1134 Seiten
...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. Schenok v. US, 39 S. Ct. 247, 249 TI. S. 47,...
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Cobb of "The World": A Leader in Liberalism

Frank Irving Cobb - 1924 - 442 Seiten
...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. tain the thesis that the amount of violence which has resulted from incendiary speech is infinitesmal...
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The Federal Reporter, Band 259

1920 - 1020 Seiten
...matter where they come 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),...
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Harvard Law Review, Band 38

1925 - 1184 Seiten
...small degree upon the different conclusions of different minds as to whether, oj a matter of fact, " the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent." (Schenck v. United States, 249 US 47, 53 (1919)). It is difficult to justify a criticism...
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