...no citation more than ten years old. Whenever I wrote the word "speech" the pen, on its own, wrote "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." In writing personal letters the pen was relaxed and informal. The pen...

...effortlessly.20 The criminal is to go free because the constable has blundered. — Justice Benjamin N. Cardozo The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic. [This is one of the most widely quoted and misquoted pieces of jurisprudence;...

...question in 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...would not protect a man in falsely shouting fire in a theater, and causing a panic. . . . The question in everv case is whether the words used are used in...

...was determined based upon the content of the publication. Wrote Justice Holmes (Schenck 1919, 52): We admit that in many places and in ordinary times...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...would not protect a man in falsely shouting fire in a theater, and causing a panic."7 Speech may therefore be suppressed when "the words used are used in...

...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...

...expression and that of society to be protected. The character of every act depends upon the circumstance in which it is done.. . . The most stringent protection...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...

...Writing for the Court, Justice Holmes announced the clear and present danger test and proclaimed that "[t]he most stringent protection of free speech would...protect a man in falsely shouting fire in a theatre." Speech can be suppressed, in other words, if there is "a clear and present danger" that it will bring...

...clarify these ambiguities. should be done by an independent body. As Justice Oliver Wendell Holmes wrote, "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing The tyranny of the majority is a good reason to resist government censorship. A...

...pornography, eventually settling on the slightly more graphic characterization, "that which gives me wood." "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic" -Schenck v. United States (1919) Holmes's famous dictum on the limits...