Freedom of Speech in War TimeDunster House, 1919 - 41 pages |
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Page 945
... jury and not the judge ought to decide the libellous nature of the writing , and secondly , that the truth of the charge ought to prevent conviction . The real issue , however , lay much deeper . Two different views of the relation of ...
... jury and not the judge ought to decide the libellous nature of the writing , and secondly , that the truth of the charge ought to prevent conviction . The real issue , however , lay much deeper . Two different views of the relation of ...
Page 946
... jury and populace in the famous trial of Peter Zenger , 46 2 STEPHEN , HISTORY OF THE CRIMINAL LAW , 353 . 47 Ibid . , 353 , and Chap . XXIV , passim ; Schofield , in 9 PROC . AM . SOCIOL . Soc . , 70 ff . , gives an excellent summary ...
... jury and populace in the famous trial of Peter Zenger , 46 2 STEPHEN , HISTORY OF THE CRIMINAL LAW , 353 . 47 Ibid . , 353 , and Chap . XXIV , passim ; Schofield , in 9 PROC . AM . SOCIOL . Soc . , 70 ff . , gives an excellent summary ...
Page 947
... jury on Black- stonian lines , " This Liberty means no more than a Freedom for every Thing to pass from the Press without a License . " Ibid . , 125 . 53 2 STEPHEN , HISTORY OF THE CRIMINAL LAW , 300. The italics are mine . See also ...
... jury on Black- stonian lines , " This Liberty means no more than a Freedom for every Thing to pass from the Press without a License . " Ibid . , 125 . 53 2 STEPHEN , HISTORY OF THE CRIMINAL LAW , 300. The italics are mine . See also ...
Page 948
... jury power to determine criminality . The American Sedition Act of 1798,57 which President Wilson declares to have " cut perilously near the root of freedom of speech and of the press , entrusted criminality to the jury and admitted ...
... jury power to determine criminality . The American Sedition Act of 1798,57 which President Wilson declares to have " cut perilously near the root of freedom of speech and of the press , entrusted criminality to the jury and admitted ...
Page 949
... jury is indeed important when the attack on the government which is prosecuted expresses a widespread popular sentiment , but the right to jury trial is of much less value in times of war or threatened disorder when the herd instinct ...
... jury is indeed important when the attack on the government which is prosecuted expresses a widespread popular sentiment , but the right to jury trial is of much less value in times of war or threatened disorder when the herd instinct ...
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Common terms and phrases
16 HARV 19 NEW REPUBLIC 32 HARV 9 PROC A. V. DICEY agitation Amendment American bad tendency Bill of Rights Blackstone Blackstonian BULL censorship Chap common law Congress construed conviction danger Debs declared defense DEPT discussion of public disloyal doctrine of indirect DUNSTER HOUSE Eugene Debs Ex parte Vallandigham false statements federal free speech clauses freedom of speech Frohwerk HISTORY imprisonment indirect causation infra interfere Judge Hand judicial jury Justice Holmes law of sedition Learned Hand limits Masses Pub Masses Publishing Co Max Eastman ment MINN naval forces obstruct opinion Patten peace political previous restraint principle protection publish punish Roscoe Pound Rose Pastor Stokes Schenck Schofield Sedition Act Sedition Law sedition prosecutions social interest statute STEPHEN suppression supra Supreme Court tion trial truth U. S. COMP unconstitutional United unlawful utterances violate W. D. Mo willfully words writing
Popular passages
Page 954 - ... 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 961 - 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 935 - 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 956 - This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Page 955 - 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.
Page 961 - 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 969 - States; and whoever, when the United States is at war, shall willfully cause, or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States...
Page 967 - 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. It is a question of proximity and degree.
Page 958 - There is an individual interest, the need of many men to express their opinions on matters vital to them if life is to be worth living, and a social interest in the attainment of truth, so that the country may not only adopt the wisest course of action but carry it out in the wisest way.
Page 944 - The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.