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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. "
Communist Domination of Unions and National Security...: Hearings...March 17 ... - Page 64
by United States. Congress. Senate. Labor and Public Welfare - 1952 - 530 pages
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1920 - 740 pages
...a man from an injunction against nttering 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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Political Systems in Transition: War-time and After

Charles Ghequiere Fenwick - 1920 - 352 pages
...arising out of a violation of the Espionage Act, Justice Holmes framed the issue as follows : " 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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Annual Report of the American Bar Association: Including ..., Volume 45

American Bar Association - 1920 - 852 pages
...Justice Holmes said: " The character of every act depends on the circumstances in which it was done The question in every case is whether the words used,...bring about the substantive evils that Congress has a right to prevent." " Had this rule been thus affirmatively laid down earlier, it seems not unlikely...
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Supreme Court Reporter, Volume 39

United States. Supreme Court - 1920 - 640 pages
...Buck's Stove & Range Co., 221 Ü. S. 418, 439, 31 Sup. Ct 492, 65 b. Ed. 797, 34 LRA (NS) 874. 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 Pacific Reporter, Volume 190

1920 - 1200 pages
...Law, and concerning a prosecution under that act the Supreme Court of the United States said: "The question in every case is whether the words used are...bring about the substantive evils that Congress has a risht to prevent." Scbenck v. United States, 249 Г. S. 47, 39 Sup. Ct. 247, 63 L. Ed. 470. The information...
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Harvard Law Review, Volume 33

1920 - 1160 pages
...principle laid down by him with the backing of a unanimous court in Schenck v. United States.61 "The question in every case is whether the words used are...bring about the substantive evils that Congress has a right to prevent." Since that case is reaffirmed by Justice Clarke this principle still remains law,...
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Freedom of Speech

Zechariah Chafee - 1920 - 450 pages
...But the character of every act depends upon the circumstances in which it is done. . . . The quettion in every case is whether the words used are used in...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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Freedom of Speech

Zechariah Chafee - 1920 - 450 pages
...of every act depends upon the circumstances in which it is done. . . . The question in every cate it 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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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
...constitutionally forbid such things as wilful obstruction of the recruiting service. They said : " The question in every case is whether the words used are used in such circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils...
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Legislative Document, Volume 13

New York (State). Legislature - 1920 - 1192 pages
...constitutionally forbid such things as wilful obstruction of the recruiting service. They said : " The question in every case is whether the •words used are used in such circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils...
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