Freedom of Speech in War Times
U.S. Government Printing Office, 1919 - 29 pages
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action agitation amendment American apply attempt authority Bill of Rights Bull cause censorship clauses clear clearly common law conduct Congress consider Constitution construction construed conviction courts criminal criticism danger Debs decisions defense Dept discussion doctrine effect England espionage act existing expression false Federal forces free speech freedom of speech given gives Government Hand Harv held History Holmes important incitement individual intent interfere Judge judicial jury Justice language libel liberty limits matter meaning ment military nature obstruct officials opinion Patten peace Personality political prevent principle printing problem prosecutions protection publish punish question reasonable reports restrict Roscoe Pound rule Schofield sedition social interest standards Stat statement statute Stephen success suppression supra Supreme Court thought tion trial truth United unlawful utterances violate willfully writing York
Page 25 - 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.
Page 17 - ... to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles, on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty...
Page 25 - We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done.
Page 21 - Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States...
Page 25 - When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.
Page 27 - ... language spoken, urge, incite or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war...
Page 21 - States or to promote the success of its enemies and whoever, when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States...
Page 5 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 16 - Law punished false, scandalous, and malicious writings against the government, either House of Congress, or the President, if published with intent to defame any of them, or to excite against them the hatred of the people, or to stir up sedition or to excite resistance of law, or to aid any hostile designs of any foreign nation against the United States. The maximum penalty was a fine of two thousand dollars and two years
Page 17 - But the provisions of the Constitution are not mathematical formulas having their essence in their form. They are organic living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth.