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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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Rights, Liberties & the Rule of Law

Maryann Zihala - 2005 - 234 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 Dictionary Of Public Policy And Administration

Jay Shafritz - 2004 - 319 str.
...theatre and causing a panic." Holmes created the test that has often been used in free-speech cases: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." client state I. A state the interests of which are subordinated to another states...
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Language, Symbols, And the Media: Communication in the Aftermath of the ...

Robert E. Denton - 244 str.
...protect a man from an injunction ugainst 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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Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the ...

Geoffrey R. Stone - 2004 - 758 str.
...protect a man in falsely shouting fire in a theater, and causing a panic. . . . The question in everv case is whether the words used are used in such circumstances...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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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 794 str.
...character of every act depends upon the circumstances in which it is done. . . . ¡Thel question in ever}1 case is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. As the following discussion shows, the...
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Over Here: The First World War and American Society

David M. Kennedy - 2004 - 452 str.
...pamphlets urging potential army inductees to resist conscription. "The question," Holmes declared, "is whether the words used are used in such circumstances...bring about the substantive evils that Congress has a right to prevent."92 Schenck had clearly counseled illegal action, and thus would have been convicted...
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Frontiers of Legal Theory

Richard A. Posner - 2004 - 474 str.
...falsely shouting fire in a theater, and causing a panic."7 Speech may therefore be suppressed when "the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent."8 With the country at war, Congress had a legitimate and indeed urgent interest in...
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The Influence of American Theories of Judicial Review on Nordic ...

Ragnhildur Helgadóttir - 2006 - 297 str.
...both common law and statutory offences." 885 881 Schenck v. US, 249 US 47 (1919). Holmes wrote: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." Ibid, p. 52. 882 The ECJ, formally named The Court of Justice of the European Communities,...
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Courting the Abyss: Free Speech and the Liberal Tradition

John Durham Peters - 2010 - 318 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."18 Even in his Abrams dissent, Holmes made...
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Beyond the First Amendment: The Politics of Free Speech and Pluralism

Samuel P. Nelson - 2005 - 248 str.
...statement that judges will make case-by-case determinations based on the circumstances at hand. "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." Schenck, 249 US 47. 40. Emerson, Freedom...
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