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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. "
Leading Cases on American Constitutional Law - Page 573
by Lawrence Boyd Evans - 1925 - 1382 pages
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The Pacific Reporter, Volume 190

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

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, Volume 249

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...
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The Debs Decision

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 251

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1920 - 676 pages
...was in Schenck v. United States, 249 U. 8. 47, 52, declared by a unanimous court to be this:— "The question in every case is whether the words used are...prevent. It is a question of proximity and degree." This is a rule of reason. Correctly applied, it will preserve the right of free speech both from suppression...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

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

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...
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Harvard Law Review, Volume 33

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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Supreme Court Reporter, Volume 39

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— '...
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California Law Review, Volume 10

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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