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action Amendment American apply attempt authority Bill of Rights BULL cause censorship clauses clear clearly common law conduct Congress considered Constitution construction construed conviction Court criminal criticism danger Debs decisions defense definition DEPT discussion doctrine England Espionage Act existing expression false federal fixed forces free speech freedom of speech given gives Hand HARV held HISTORY Holmes important incitement individual intent interfere Judge judicial jury Justice language libel liberty limits matter meaning ment military nature obstruct opinion Patten peace Personality political prevent principle printing problem prosecutions protection provisions publish punish question reasonable reports restrict Roscoe Pound rule Schofield sedition social interest standards STAT statements statute STEPHEN success suppression supra Supreme Court thought tion trial truth United unlawful utterances violate willfully writing York
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 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.