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Quotation from Schenck v. United States by Supreme Court of the United States
“If the act (speaking, or circulating a paper), its tendency, and the intent with which it is done are the same, we perceive no ground for saying that success alone warrants making the act a crime.”
Schenck v. United States, Opinion of the Court (Justice Holmes) (U.S. Reports text (Wikisource))
Justice Holmes holds that a conspiracy to obstruct the draft may be punished even if no one was actually deterred.
Citation: "If the act (speaking, or circulating a paper), its tendency, and the intent with which it is done are the same, we perceive no ground for saying that success alone warrants making the act a crime." — 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-q5)
Portrait: Oliver Wendell Holmes Jr circa 1930, Harris & Ewing, Public domain.
