 If what I think the correct test is applied, it is manifest that there was no present danger of an attempt to overthrow the government by force on the part of the admittedly small minority who shared the defendant's views. It is said that this Manifesto...  The Law Quarterly Review - Page 14edited by - 1926Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1926 - 810 pages
...expressed in that case are too deep for it to be possible for me as yet to believe that it and Schaefer v. United States, 251 US 466, have settled the law....force on the part of the admittedly small minority who shared the defendant's views. It is said that this manifesto was more than a theory, that it was an... | |
 | Edith M. Phelps - Debates and debating - 1927 - 206 pages
...too deep for it to be possible for me as yet to believe that it and Schaefer v. United States . . . have settled the law. If what I think the correct...force on the part of the admittedly small minority who shared the defendant's views. It is said that this manifesto was more than a theory, that it was an... | |
 | William Brooke Graves - Censorship - 1928 - 1326 pages
...expressed in that case are too deep for it to he possible for me as yet to believe that it and Schaefer v. United States, 251 US 466, have settled the law....force on the part of the admittedly small minority who shared the defendant's views. It is said that this Manifesto was more than a theory, that it was an... | |
 | Arthur Garfield Hays - Law - 1928 - 388 pages
...2 Schenck vs. United States, 240 US 47, 52. a Gitlow vs. New York, 268 NY 652, 673 (1925) infra. I "If what I think the correct test is applied, it is...force on the part of the admittedly small minority who shared the defendant's views. It is said that this manifesto was more than a theory, that it was an... | |
 | William E. Conklin - Political Science - 1979 - 350 pages
...Holmes J. still adhered to the Schenck "clear and present danger" test. It was "manifest," he concluded, "that there was no present danger of an attempt to...force on the part of the admittedly small minority who shared the defendant's views." Furthermore, it was not in the interest of society to repress freedom... | |
 | David P. Currie - Law - 1994 - 682 pages
...the publication in question employed "the language of direct incitement," 124 Holmes was surely right that "there was no present danger of an attempt to...force on the part of the admittedly small minority who shared the defendant's views."125 Indeed, as he added, there was ample room for "doubt whether there... | |
 | G. Edward White - Biography & Autobiography - 1995 - 649 pages
...Nonetheless, Holmes proceeded as if the ' 'clear and present danger' ' test applied, and concluded that "it is manifest that there was no present danger of...force on the part of the admittedly small minority who shared the defendant's views."263 If the publication of the Manifesto had been claimed to have been... | |
 | Christopher Wolfe - Law - 1994 - 472 pages
...constitutional test for speech generally. Applying the clear and present danger test, Holmes argued that it is manifest that there was no present danger of...force on the part of the admittedly small minority who shared the defendant's views . . . whatever may be thought of the redundant discourse before us, it... | |
 | Lewis S. Feuer - Religion - 524 pages
...reached a limit only when it posed a "clear and present danger." Thus Holmes argued in Gitlow 's case that "there was no present danger of an attempt to...force on the part of the admittedly small minority who shared the defendant's views."52 No doubt the Spinozist influence on Holmes was largely unconscious,... | |
| |
