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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. "
No Greater Threat: America After September 11 and the Rise of a National ... - Page 37
by C. William Michaels - 2002 - 536 pages
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Liberty Under Attack: Reclaiming Our Freedoms in an Age of Terror A Century ...

Richard C. Leone, Gregory Anrig, C Leone - 2007 - 294 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...
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Reflections on Freedom of Speech and the First Amendment

George Anastaplo - 2007 - 346 pages
...Oliver W. Holmes in Schenck (1919): "When a nation is at war [even an undeclared war, we may wonder?] many things that might be said in time of peace are...regard them as protected by any constitutional right." Such sentiments, as well as the talk about "unseemly haste," stand in dramatic opposition to the declaration...
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The Politically Incorrect Guide to the Constitution

Kevin Gutzman - 2007 - 258 pages
...Wendell Holmes, the supposed avatar of freedom of speech, let forth the following enlightened blast: "When a nation is at war many things that might be...utterance will not be endured so long as men fight and ... no Court could regard them as protected by constitutional right." In other words, the Sedition...
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What Good is Journalism?: How Reporters and Editors are Saving America's Way ...

George Kennedy, Daryl R. Moen - 2007 - 181 pages
...limits of the First Amendment. In Schenck v. United States (1919), Justice Oliver Wendell Holmes said, "When a nation is at war many things that might be...utterance will not be endured so long as men fight." Charles Schenck, the general secretary of the Socialist party of the United States, had mailed leaflets...
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Presidential Power: Unchecked and Unbalanced

Matthew A. Crenson, Benjamin Ginsberg - 2007 - 448 pages
...about under the Espionage Act passed constitutional muster, because, in the words of Justice Holmes, "When a nation is at war, many things that might be said in time of peace [are not] protected by any constitutional right."32 Thus, for the Court as for the Congress, the exigencies...
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The Supreme Court: The Personalities and Rivalries That Defined America

Jeffrey Rosen - 2007 - 288 pages
...Holmes offered them as a justification for suppressing free speech. In the next breath, he declared: "When a nation is at war many things that might be said in time of 119 peace are such a hindrance to its effort that their utterance will not be endured so long as men...
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Progressive Nation: A Travel Guide with 400+ Left Turns and Inspiring Landmarks

Jerome Pohlen - 2008 - 432 pages
...reviewed the case and on March 3, 1919, issued a chilling unanimous decision that read, in part, "When the nation is at war many things that might be said in...regard them as protected by any constitutional right." Justice Oliver Wendell Holmes then cited a previously unknown "clear and present danger" exception...
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