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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. "
The Twentieth Century: A People's History - Strana 85
autor/autoři: Howard Zinn - 2009 - 512 str.
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Skepticism and Freedom: A Modern Case for Classical Liberalism

Richard A. Epstein - 2003 - 311 str.
...principle in Abrams was more restrictive of government practice than his earlier remark in Schenck: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent" (249 US at 52). 15. Note that inducement of breach of contract is not just some newly...
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Constitutional Government: The American Experience

James A. Curry, Richard B. Riley, Richard M. Battistoni - 2003 - 625 str.
...protect a man in falsely shouting fire in a theatre, and causing a panic. According to Holmes, "[t]he question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." To Holmes, it was "a question of proximity and degree." The defendant's words, printed...
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Freedom of Speech: Rights and Liberties Under the Law

Kenneth Ira Kersch - 2003 - 395 str.
...protect a man from an injunction against uttering words that may have all the effect of force. The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that...
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Waging War on Trial: A Handbook with Cases, Laws, and Documents

Brian R. Dirck - 2003 - 342 str.
...protect a man from an injunction against uttering words that may have all the effect of force. . . . The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that...
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The War On Our Freedoms: Civil Liberties In An Age Of Terrorism

Richard C. Leone, Gregory Anrig - 2003 - 317 str.
...constitutionality of the law. “The question in every case,” he wrote in a controversial decision, “is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent.” Schenk's “words,” he insisted, were designed to undermine the draft and were...
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The War On Our Freedoms: Civil Liberties In An Age Of Terrorism

Richard C. Leone, Gregory Anrig - 2003 - 317 str.
...the constitutionality of the law. "The question in every case," he wrote in a controversial decision, "is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent." Schenk's "words," he insisted, were designed to undermine the draft and were therefore...
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Fundamental Liberties of a Free People: Religion, Speech, Press, Assembly

2002 - 452 str.
...first time, what became famous as the clear and present test. "The question in every case," he wrote, "is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent." It was in this case, too, that Holmes made it clear that the free speech guarantee...
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Law, Pragmatism, and Democracy

Richard A. Posner - 2005 - 416 str.
...protect a man in falsely shouting fire in a theater, and causing a panic."10 Speech may be punished when "the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent."" With the country at war, Congress had a legitimate and indeed urgent interest in...
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The Taft Court: Justices, Rulings, and Legacy

Peter G. Renstrom - 2003 - 331 str.
..."clear and present danger" standard by which expression can be examined. The issue in every free speech 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...
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Civil Peace and the Quest for Truth: The First Amendment Freedoms in ...

Murray Dry - 2004 - 309 str.
...to preventing prior restraints, he introduced the famous "clear and present danger" test this way: The most stringent protection of free speech would...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that...
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