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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. It is a question... "
Freedom of Speech in War Time - Page 967
by Zechariah Chafee (Jr.) - 1919 - 41 pages
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The Federal Reporter, Volume 264

1920 - 1058 pages
...create a clear and present danger that they will bring aliout the substantive evils that Congress lias n right to prevent It is a question of proximity and degree. When a nation in at war, many things that might be said in time of peace are such a hindrance to its effort that...
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Freedom of Speech in War Times

Zechariah Chafee (Jr.) - 1919 - 40 pages
...act depends upon the circumstances in which it is done. * * * The question in every case is whettttr the words used are used in such circumstances and...degree. When a nation is at war many things that might he said in time of peace are such a hindrance to its effort that their utterance will not be endured...
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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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Legislative Document, Volume 13

New York (State). Legislature - 1920 - 1192 pages
...in such circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils that Congress has...prevent. It is a question of proximity and degree." (Schenck v. United States, 249 US 47.) " We should add that the jury were most carefully instructed...
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Proceedings of the Judiciary Committee of the Assembly: In the ..., Volume 3

New York (State). Legislature. Assembly. Standing Committee on the Judiciary - 1920 - 1184 pages
...in such circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils that Congress has...prevent. It is a question of proximity and degree." (Schenck v. United States, 249 US 47.) " We should add that the jury were most carefully instructed...
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United States Supreme Court Reports, Volume 63; Volumes 248-250

United States. Supreme Court - 1920 - 1376 pages
...present danger that they will bring about the substantive evils that Con47S OCT. TERM. gress has a righf to prevent. It is a question of proximity and degree. When a nation is at war many things that might he said in time of peace are such a hindrance to its effort that their utterance will not be endured...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1920 - 732 pages
...a nature as to create a. clear and present danger that they will bring nbout the substantive evils that Congress has a right to prevent. It Is a question of proximity and degree." Assuming that the evidence sustained the charge in the indictment as to the language spoken, we turn...
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Supreme Court Reporter, Volume 40

United States. Supreme Court - 1921 - 628 pages
...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...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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The Federal Statutes Annotated: Containing All the Laws of the ..., Volume 3

United States - 1921 - 1064 pages
...in such circumstances as 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 я question of proximity and degree. When a nation is at war many things that might be said in time...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 59

Montana. Supreme Court - 1921 - 786 pages
...of such a nature as to create a clear and present danger that will bring about the substantive evils Congress has a right to prevent. It is a question of proximity and degree." This disposes of the questions suggested by the first, fourth, eighth, thirteenth and fifteenth specifications...
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