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advocacy advocate Alien and Sedition Amendment American Civil Liberties anarchy believe Benjamin Gitlow Brandeis Chap citizen Civil Liberties Union Congress Constitution contempt of court conviction courts of equity crime criminal syndicalism damages danger decision declared defendants discussion doctrine employer ernment Espionage Act evil exercise existence Federal force free speech freedom of speech Frohwerk Gitlow H. W. Wilson heretics hodcarriers incite individual injury interference John judge jury Justice Holmes labor injunctions legislation legislature magistrate means ment moral Nation PAMPHLETS AND DOCUMENTS party peace persons police political present principles prohibiting prosecutions protect publish punished question radicals reason religious Republic resolutions revolutionary right of free Sayre secondary boycott SECTION sedition laws social social equality society statute strike suppress Supreme Court teach Theodore Schroeder tion toleration trade truth United States Supreme unlawful utterances violation violence Virginia William Ellery Channing York ZECHARIAH CHAFEE
Página 133 - 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.
Página 49 - Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution — certainly would if such a right were a vital one.
Página 131 - I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Página 49 - If there be any among us who would wish to dissolve this Union, or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated, where reason is left free to combat it.
Página 131 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.
Página 49 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 112 - ... to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty...
Página 115 - That the general assembly doth particularly protest against the palpable and alarming infractions of the constitution, in the two late cases of the "Alien and Sedition Acts," passed at the last session of Congress; the first of which exercises a power nowhere delegated to the federal government, and which, by uniting legislative and judicial powers to those of...
Página 68 - The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it. Each is the proper guardian of his own health, whether bodily, or mental and spiritual. Mankind are greater gainers by suffering each other to live as seems good to themselves, than by compelling each to live as seems good to the rest.