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" 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. "
Courting the Abyss: Free Speech and the Liberal Tradition - Página 149
por John Durham Peters - 2010 - 316 páginas
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From the Palmer Raids to the Patriot Act: A History of the Fight for Free ...

Christopher M. Finan - 2007 - 372 páginas
...observed that the First Amendment's protection of the right of free speech was obviously not absolute. "The most stringent protection of free speech would not protect a man in falsely shouting fire in a crowded theater, and causing a panic," he wrote. There were additional limitations in wartime. Congress...
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War and Liberty: An American Dilemma : 1790 to the Present

Geoffrey R. Stone - 2007 - 256 páginas
...constitutional rights. But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater. and causing a panic. . . . The question in every case is whether the words used are used in...
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Pragmatism, Democracy, and the Necessity of Rhetoric

Robert Danisch - 2007 - 220 páginas
...constitutional rights. But the character of every act depends on the circumstances in which it is done. . . . The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic. It does not even protect a man from an injunction against uttering words...
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Supreme Court Decisions: Scenarios, Simulations, and Activities for ...

Jeffrey D. Stocks - 2007 - 114 páginas
...though the clear and present danger test was soon altered, Holmes' statement that the First Amendment "would not protect a man in falsely shouting fire in a theatre . . ." has stood as a common-sense measure of the limits to an individual's freedom of speech. After...
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The Politics of Media Policy

Des Freedman - 2008 - 273 páginas
...According to Justice Holmes: the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would...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 are of...
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