 | Ted Gottfried - 2006 - 150 pages
...as summed up by Justice Oliver Wendell Holmes Jr. in another antiwar case of the period, was that, "when a nation is at war, many things that might be...effort that their utterance will not be endured." Debs went to prison. In 1920, while still there, he ran for president one more time and received almost... | |
 | Howard Ball - 2005 - 268 pages
...Congress has a right to prevent," the right to free speech must be set aside to protect the nation: "When a nation is at war many things that might be said in time of peace are such a hindrance to its [war] effort that their utterance will not be endured so long as men fight." Before, during, and after... | |
 | Geneva Overholser, Kathleen Hall Jamieson - 2005 - 518 pages
...justices said that Schenck's actions created "a clear and present danger." According to majority opinion: "When a nation is at war many things that might be said in a time of peace are such a hindrance to its effort that their utterance will not be endured so long... | |
 | Paul W. Kahn - 2009 - 336 pages
...danger."); Schenk v. United States, 249 US 47, 52 (1919). ("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 them... | |
 | Joseph Margulies - 2007 - 354 pages
...that was said in the circular would have been within their constitutional rights. . . . [ But w] hen a nation is at war many things that might be said...regard them as protected by any constitutional right"). 10. Spatial disorientation is a well-recognized phenomenon. Among others, the US Air Force Research... | |
 | Leon Newton - 2006 - 320 pages
...wartime, in his view, national security concerns would take precedence over First Amendment rights. "When a nation is at war many things that might be...utterance will not be endured so long as men fight." The media have long accepted their unwritten duty to self-censor in times of out-andout war, fearing... | |
 | Peter Irons - 2006 - 328 pages
...leaflets, which never reached the post office. There is another troubling statement in the Schenck opinion: "When a nation is at war many things that might be said in time of peace are such a hindrance to its conduct that their utterance will not be endured so long as men fight and that no Court could regard... | |
 | Kermit L. Hall, John J. Patrick - 2006 - 257 pages
...draft during a time of war presents a "clear and present danger" to the nation. Thus Holmes declared, "When a nation is at war, many things that might be...said in time of peace are such a hindrance to its efforts that their utterance will not be protected by any constitutional right." Before the Schenck... | |
 | Mark Sidel - 2007 - 252 pages
...circumstances are justified "[wjhen a nation is at war [because] many things that might be said in times of peace are such a hindrance to its effort that their utterance will not be endured."' The Sedition Act of 1918 continued this treatment. Forced detentions were an issue once again in the... | |
 | David A. Copeland, David Copeland - 2006 - 313 pages
...justices said that Schenck's actions created a "clear and present danger." According to majority opinion: "When a nation is at war many things that might be said in a time of peace are such a hindrance to its effort that their utterance will not be endured so long... | |
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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. 
