...Justice Holmes (Schenck 1919, 52): We admit that in many places and in ordinary times the détendants, in saying all that was said in the circular, would...every act depends upon the circumstances in which it was done. . . . The most stringent protection of free speech would not protect a man in falsely shouting...

...Holmes wrote, the Socialist Party might have had a First Amendment right to distribute these leaflets. "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...

...fight and that no Court could regard them as protected by any constitutional right." In other words, "the character of every act depends upon the circumstances in which it is done," adding that "the most stringent protection of free speech would not protect a man in falsely shouting...

..."clear and present clanger" test. Justice Holmes, writing for a unanimous Court, said: . . . [T]ht> character of every act depends upon the circumstances in which it is done. . . . ¡Thel question in ever}1 case is whether the words used are used in such circumstances and are...

...provisions of the First Amendment. This qualification has been most popularly stated by Justice Holmes: We admit that in many places and in ordinary times...depends upon the circumstances in which it is done. . . . The question in every case is whether the words used are used in such circumstances and are of...

...acts as firing a gun on a battlefield only in form. He made one concession to the First Amendment. "We admit that in many places and in ordinary times...would have been within their constitutional rights," Holmes began. He then robbed this concession of any relevance to the case, writing that "the character...

...States, 323 US 214, 242 (1944) (Jackson, J., dissenting); Hutchinson, Achilles Heel, 456. Notes 315 that in many places and in ordinary times the defendants...been within their constitutional rights. . . . [ But w] hen a nation is at war many things that might be said in time of peace are such a hindrance to its...

...present danger that they will bring about the substantive evils which Congress has a right to prevent. 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...

...although to prevent them may have been the main purpose, as intimated in Patterson v. Colorado [1907]. upon terms unsatisfactory to either. Laws permitting,...other, and have been generally, if not universall [1904]. The most stringent protection of free speech would not protect a man in falsely shouting fire...

...Holmes penned the following passage. one of the most famous in the annals of American legal history: We admit that in many places and in ordinary times...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...