 | Alexander Meiklejohn - 2000 - 126 pages
...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 might be...regard them as protected by any constitutional right. It seems to be admitted that, if an actual obstruction of the recruiting service were proved, liability... | |
 | Lee C. Bollinger, Geoffrey R. Stone - 2003 - 348 pages
...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 might be...could regard them as protected by any constitutional right.6 This language raises four important questions. To what sorts of communications does the "clear... | |
 | Jeffrey A. Segal, Harold J. Spaeth - 2002 - 484 pages
...however, provided no protection for the challenged communications because these were wartime cases and "[w]hen a nation is at war many things that might...their utterance will not be endured so long as men fight."114 In 1951 the Supreme Court upheld Smith Act convictions of Eugene Dennis and associates for... | |
 | Nancy Chang - 2002 - 172 pages
...about the substantive evils that Congress has a right to prevent." The Court went on to declare that "[w]hen a nation is at war many things that might...their utterance will not be endured so long as men fight."18 The Schenck decision is perhaps best known for the Court's pronouncement that an individual... | |
 | Alan Grant, Edward Ashbee - 2002 - 322 pages
...Wendell Holmes spelt out that there were, in particular, limits on the right to freedom of speech: 'When a nation is at war, many things that might be...its effort that their utterance will not be endured ... no court could regard them as protected by any constitutional right.' The notion that national... | |
 | Nancy Gentile Ford - 2002 - 368 pages
...United States, Justice Oliver Wendell Holmes, Jr., concluded, "When a nation is at war many things which might be said in time of peace are such a hindrance to its efforts that their utterance will not be endured so long as men fight. . . . No court could regard... | |
 | Douglas B. Reeves - 2002 - 320 pages
...present danger that they will bring about the substantive evils that Congress has a right to prevent .... When a nation is at war many things that might be...regard them as protected by any constitutional right. It seems to be admitted that if an actual obstruction of the recruiting service were proved, liability... | |
 | Richard C. Leone, Gregory Anrig - 2003 - 338 pages
...undermine the draft and were therefore unprotected speech. “When a nation is at war,” he added, “many things that might be said in time of peace...them as protected by any constitutional right.” Holmes's decision evoked a storm of protest from eminent legal scholars whose opinion the justice evidently... | |
 | Richard C. Leone, Gregory Anrig - 2003 - 338 pages
...to undermine the draft and were therefore unprotected speech. "When a nation is at war," he added, "many things that might be said in time of peace are...regard them as protected by any constitutional right." Holmes's decision evoked a storm of protest from eminent legal scholars whose opinion the justice evidently... | |
 | Brian R. Dirck - 2003 - 363 pages
...Act worried that antiwar words could lead to antiwar deeds and, eventually, to defeat. So did Holmes. "When a nation is at war many things that might be...effort that their utterance will not be endured," he wrote. So what was the legal test of unendurable wartime words? "The question in every case is whether... | |
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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. 
