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Quotation from Schenck v. United States by Supreme Court of the United States
“We admit that, in many places and in ordinary times, the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done.”
Schenck v. United States, Opinion of the Court (Justice Holmes) (U.S. Reports text (Wikisource))
Justice Holmes concedes the leaflet's ordinary protection before explaining why wartime circumstances change the result.
Citation: "We admit that, in many places and in ordinary times, the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done." — Supreme Court of the United States, Schenck v. United States, Opinion of the Court (Justice Holmes) (U.S. Reports text (Wikisource)). (id schenck-v-united-states-q1)
Portrait: Oliver Wendell Holmes Jr circa 1930, Harris & Ewing, Public domain.
