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16 Harv 19 New Republic 32 Harv 9 Proc A. V. Dicey agitation amendment American bad tendency Bill of Rights Blackstone Bull censorship Chap common law Congress construed convicted danger Debs decisions declared defense Dept disloyal doctrine of indirect espionage act Ex parte Vallandigham false Federal free speech free-speech clauses freedom of speech Frohwerk Government Harvard Law School History imprisonment indirect causation infra interfere Judge Hand judicial jury Justice Holmes law of sedition Learned Hand liberty of speech limits Masses Pub Max Eastman ment military or naval Minn naval forces obstruct opinion Patten political previous restraint principle protection punish Roscoe Pound Rose Pastor Stokes Schenck Schofield sedition act sedition law sedition prosecutions social interest Stat statute Stephen suppression supra Supreme Court tion trial truth U. S. Comp United unlawful utterances violate W. D. Mo willfully words writing
Page 25 - 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.
Page 25 - We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done.
Page 21 - Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States...
Page 25 - 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.
Page 27 - ... language spoken, urge, incite or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war...
Page 21 - States or to promote the success of its enemies and whoever, when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States...
Page 5 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 16 - Law punished false, scandalous, and malicious writings against the government, either House of Congress, or the President, if published with intent to defame any of them, or to excite against them the hatred of the people, or to stir up sedition or to excite resistance of law, or to aid any hostile designs of any foreign nation against the United States. The maximum penalty was a fine of two thousand dollars and two years
Page 17 - But the provisions of the Constitution are not mathematical formulas having their essence in their form. They are organic living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth.