...constitutionality of the law. "The question in every case," he wrote in a controversial decision, "is whether the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent." Schenk's "words," he insisted, were designed to undermine the draft and were therefore...

...depends upon the circumstances in which it is done." For Holmes, "The question in every case is whether the words used are used in such circumstances and...substantive evils that Congress has a right to prevent." It was "a question of proximity and degree."28 Although the United States had already signed the armistice,...

...falsely shouting fire in a theatre and causing a panic . . . The question in every case is whether the words used are used in such circumstances and...bring about the substantive evils that Congress has a right to prevent. (Quoted in Abrams 1919: 52) This notion of 'clear and present danger' remains the...