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. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.


Schenck v. United States, 249 U.S. 47, 52 (3 March 1919)

Oliver Wendell Holmes Quotes

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...

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...

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...

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...