 | United States. Congress. Senate. Committee on Governmental Affairs - 1977 - 574 páginas
...cannot alone justify suppression of free speech and assembly. . . . Those who won our independence were not cowards. They did not fear political change....They did not exalt order at the cost of liberty." 2" The most severe inadequacy of the "efficiency" rationale is, ironically, that it provides a straw... | |
 | United States. Supreme Court - 1982 - 948 páginas
...in Whitney v. California. 274 US 357, 376-377 (1927), includes Mr. Justice Brandeis' statement that "[t"|hose who won our independence by revolution were...They did not exalt order at the cost of liberty." Ante, at 582. MR. JUSTICE BLACKMUN, in his separate opinion, joins only in the Court's judgment because... | |
 | Lee C. Bollinger Dean University of Michigan Law School - 1986 - 310 páginas
...kind of portrayal of the personalities behind the competing positions on protection and suppression: "Those who won our independence by revolution were not cowards. They did not fear political change. . . . Fear of serious injury cannot alone justify suppression of free speech and assembly."44 Similar... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1989 - 1558 páginas
...the view articulated by Juatice Brandeia in hia famous concurrence in Whitney v. California, * Thoae who won our independence by revolution were not cowards....political change. They did not exalt order at the coat of liberty. To courageous, aelf -reliant men, with confidence in the power of free and fearleaa... | |
 | Nathan Aaseng - 1992 - 160 páginas
...to experimentation with new ideas. Surpassing Holmes as a champion of free speech, Brandeis wrote, "Those who won our independence by revolution were...They did not exalt order at the cost of liberty." At the same time, Brandeis knew that taking a bold stand without command of the facts was reckless.... | |
 | Margaret A. Blanchard - 1992 - 591 páginas
...proposed remedies; and that the fitting remedy for evil counsels is good ones." Brandeis believed that "those who won our independence by revolution were...cowards. They did not fear political change." They remembered the repressions of the British and colonial periods and the problems that fear created.... | |
 | Melvin I. Urofsky - 1994 - 598 páginas
...nothing to indicate that the advocacy would be immediately acted on. ... In order to support a fmding of clear and present danger it must be shown either...believe that such advocacy was then contemplated. Brandeis transformed Holmes's "clear and present danger" by defming "present" as meaning that "the... | |
 | Julia Vitullo-Martin, J. Robert Moskin - 1994 - 402 páginas
...to heavyweight boxer Mike Tyson (Winokur, Friendly Advice, p. 216) "Those who won our independence were not cowards. They did not fear political change. They did not exalt order at the cost of ' Justice Louis BRANDEIS (quoted in Wriston, Risk and Other Four-Letter Words, p. 50) CREATIVE "Creative... | |
 | Milton Heumann, Thomas W. Church, David P. Redlawsk - 1997 - 324 páginas
...incitement, between preparation and attempt, between assembling and conspiracy, must be borne in mind. In order to support a finding of clear and present...believe that such advocacy was then contemplated. the remedy to be applied is more speech, not enforced silence. Only an emergency can justify repression.... | |
| |
In order to support a finding of clear and present danger it must be shown either that immediate serious violence was to be expected or was advocated, or that the past conduct furnished reason to believe that such advocacy was then contemplated. Those... 
