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. Leading Cases on American Constitutional Law - Page 573by Lawrence Boyd Evans - 1925 - 1382 pagesFull view - About this book
| 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... | |
| 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... | |
| United States. Supreme Court - 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 - 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... | |
| 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)... | |
| American Bar Association - 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... | |
| 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,... | |
| United States. Supreme Court - 1920 - 640 pages
...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— '... | |
| 1922 - 578 pages
...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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