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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. "
Laws Relating to the Navy, Annotated ...: In Force January 1, 1945 - Page 88
by United States - 1945
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The Pacific Reporter, Volume 190

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...
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Atlantic Reporter, Volume 115

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 249

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1919 - 762 pages
...words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 US 418, 439. (The question in every case is whether the words used are...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...
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The Debs Decision

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...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 249

United States. Supreme Court - Courts - 1919 - 756 pages
...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. The question in every case is whether the words...
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Harvard Law Review, Volume 33

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,...
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Annual Report of the American Bar Association: Including ..., Volume 45

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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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

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)...
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Revolutionary Radicalism: Its History, Purpose and Tactics with an ..., Volume 3

New York (State). Legislature. Joint Legislative Committee to Investigate Seditious Activities - Americanisms - 1920 - 1212 pages
...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.) The question in every case is whether the words...
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Supreme Court Reporter, Volume 39

United States. Supreme Court - Law reports, digests, etc - 1920 - 640 pages
...protection of free speech would not protect a man In falsely shouting lire In a theatre and causing a panic. It does not even protect a man ¡from an...uttering words that may have all the effect of force. Gompers v. Buck's Stove & Range Co., 221 Ü. S. 418, 439, 31 Sup. Ct 492, 65 b. Ed. 797, 34 LRA (NS)...
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