 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.  The Federal Reporter - Page 601919Full view - About this book
 | Electronic journals - 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,... | |
 | Charles Ghequiere Fenwick - History - 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 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... | |
 | Appellate courts - 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... | |
 | American Bar Association - Bar associations - 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... | |
 | Zechariah Chafee - Freedom of speech - 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... | |
 | Zechariah Chafee - Freedom of speech - 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... | |
 | New York (State). Legislature - New York (State) - 1920 - 1192 pages
...that it can 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... | |
 | Law reports, digests, etc - 1920 - 1348 pages
...United States, and concerning a prosecution under that statute the Supreme Court of the United States said: "The question in every case is whether the words used are used in such circumstances and arc of such a nature as to create a clear and prespnt danger that they will bring about the '.substantive... | |
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