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Quotation from Schenck v. United States by Supreme Court of the United States

“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.”

Supreme Court of the United States

Schenck v. United States, Opinion of the Court (Justice Holmes) (U.S. Reports text (Wikisource))

Portrait of Supreme Court of the United States

Justice Holmes states the clear and present danger test for the unanimous Court.

Citation: "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." — 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-q3)

Portrait: Oliver Wendell Holmes Jr circa 1930, Harris & Ewing, Public domain.

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