“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.”

—  Oliver Wendell Holmes Jr.

Schenck v. United States, 249 U.S. 47, 52 (3 March 1919).
1910s

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "The question in every case is whether the words used are used in such circumstances and are of such a nature as to crea…" by Oliver Wendell Holmes Jr.?
Oliver Wendell Holmes Jr. photo
Oliver Wendell Holmes Jr. 107
United States Supreme Court justice 1841–1935

Related quotes

Oliver Wendell Holmes Jr. photo

“It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion where private rights are not concerned.”

Oliver Wendell Holmes Jr. (1841–1935) United States Supreme Court justice

250 U.S. at 628.
1910s, Abrams v. United States, 250 U.S. 616 (1919)

Tom DeLay photo

“Kofi Annan's kangaroo court…a clear and present danger to the war on terrorism and Americans fighting it all over the world.”

Tom DeLay (1947) American Republican politician

On the International Criminal Court ~ AP [2004 July 16] http://www.cbc.ca/cp/world/040715/w071572.html
2000s

Wojciech Jaruzelski photo

“The nation has come to the end of its psychological endurance. Many people are beginning to despair. Now it is not days but hours that separate us from a national catastrophe. Honesty compels one to ask the question: Did things have to come to this?”

Wojciech Jaruzelski (1923–2014) Polish military officer and politician

Source: Excerpts of Martial law speech (14 December 1981)

Max Stirner photo

“Because our time is struggling toward the word with which it may express its spirit, many names come to the fore and all make claim to being the right one. […] Without our assistance, time will not bring the right word to light; we must all work together on it. If, however, so much depends on us, we may reasonably ask what they have made of us and what they propose to make of us; we ask about the education through which they seek to make us creators of that word. Do they conscientiously cultivate our predisposition to become creators or do they treat us only as creatures whose nature simply permits training? […] Therefore we are concerned above all with what they make of us in the time of our plasticity; the school question is a life question.”

Max Stirner book The False Principle of our Education

Source: The False Principle of our Education (1842), p. 11

Karl Kraus photo

“When the word "peace" was uttered for the first time, there was panic at the stock exchange. They screamed in pain: "We've been earning! Leave us the war! We've earned the war!"”

Karl Kraus (1874–1936) Czech playwright and publicist

Half-Truths and One-And-A-Half Truths (1976)

Henry George photo

“Protective tariffs are as much applications of force as are blockading squadrons, and their object is the same—to prevent trade. The difference between the two is that blockading squadrons are a means whereby nations seek to prevent their enemies from trading; protective tariffs are a means whereby nations attempt to prevent their own people from trading. What protection teaches us, is to do to ourselves in time of peace what enemies seek to do to us in time of war.”

Henry George (1839–1897) American economist

Source: Protection or Free Trade? (1886), Ch. 6
Context: Free trade consists simply in letting people buy and sell as they want to buy and sell. It is protection that requires force, for it consists in preventing people from doing what they want to do. Protective tariffs are as much applications of force as are blockading squadrons, and their object is the same—to prevent trade. The difference between the two is that blockading squadrons are a means whereby nations seek to prevent their enemies from trading; protective tariffs are a means whereby nations attempt to prevent their own people from trading. What protection teaches us, is to do to ourselves in time of peace what enemies seek to do to us in time of war.

Bob Barr photo

“Clearly, the court today has ignored the constitutional right and responsibility of Congress to pass laws protecting citizens from dangerous and addictive narcotics…”

Bob Barr (1948) Republican and Libertarian politician

Press release (28 March 2002), as quoted in "Barr to Continue Fight Against Drug Legalization" http://www.mpp.org/legislation/dc/bills/barr-to-continue-fight-against-drug-legalization.html, MPP.
2000s, 2002

Florence Earle Coates photo

“The question of perpetual copyright is, in my judgement, entitled to the full and favorable consideration of the Congress of an enlightened republic. There would seem to be every reason for the equitable protection, without limit as to time, of the unquestioned property rights of its citizens.”

Florence Earle Coates (1850–1927) American writer and poet

Mrs. Coates on perpetual copyright. From The Literary World, 28 Oct 1899.

James Fitzjames Stephen photo

“To me this question whether liberty is a good or a bad thing appears as irrational as the question whether fire is a good or a bad thing. It is both good and bad according to time, place, and circumstance, and a complete answer to the question, In what cases is liberty good and in what cases is it bad? would involve not merely a universal history of mankind, but a complete solution of the problems which such a history would offer.”

James Fitzjames Stephen (1829–1894) Indian judge

Source: Liberty, Equality, Fraternity (1873-1874), Ch. 2

“Perhaps the central question in our understanding of nationalism is the role of the past in the creation of the present. … For nationalists themselves, the role of the past is clear and unproblematic. The nation was always there, indeed it is part of the natural order, even when it was submerged in the hearts of its members.”

Anthony D. Smith (1939–2016) British academic

Source: Gastronomy or Geology? The Role of Nationalism in the Reconstruction of Nations. (1994), p. 18: As cited in: Öktem, Kerem. "Creating the Turk’s Homeland: Modernization, Nationalism and Geography in Southeast Turkey in the late 19 th and 20 th Centuries." Socrates Kokkalis Graduate Workshop. The City: Urban Culture, Architecture and Society. 2003.

Related topics