 | United States. Congress. Senate. Committee on Foreign Relations - 1958 - 242 страници
...first amendment rights only where "the gravity of the 'evil,' discounted by its improbability justified such invasion of free speech as is necessary to avoid the danger." United States v. Dennis (183 F. 2d 201, 212), adopted in Dennis v. United States (341 US 494, 510).... | |
 | United States. Congress. House. Committee on Post Office and Civil Service - 1959 - 142 страници
...that fiction is merely an unreal story. construed the doctrine to read, "whether the gravity of the 'evil', discounted by its improbability, justifies...free speech as is necessary to avoid the danger." Now, if there is no demonstrable causal relationship between reading and conduct, how can it be established... | |
 | United States. Congress. House. Committee on Post Office and Civil Service - 1959 - 152 страници
...that fiction is merely an unreal story. construed the doctrine to read, "whether the gravity of the 'evil', discounted by its improbability, justifies such invasion of free speech as is necessary toavoid the danger." Now, if there is no demonstrable causal relationship between reading and conduct,... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1960 - 988 страници
...Div. 542, 547, 145 NYS2d 534, 538 (1955). In each case [courts] must ask whether the gravity of the "evil," discounted by its improbability, justifies...invasion of free speech as is necessary to avoid the danger.150 The difficulty of analogizing this approach to the problems involved in limiting confrontation... | |
 | Milton Heumann, Thomas W. Church, David P. Redlawsk - 1997 - 324 страници
...by Judge Learned Hand in the court below: "In each case [courts] must ask whether the gravity of the 'evil,' discounted by its improbability, justifies...free speech as is necessary to avoid the danger." 341 US 494 (1951), at 510. The immediacy requirement in Holmes's original test disappears in this formulation.... | |
 | the late Bernard Schwartz - 1998 - 329 страници
...marked a dismal low point of protection for free expression. "The gravity of the evil," Hand said, "discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger."18 The choice of that notoriously unsuccessful test led Benno Schmidt to describe the Nebraska... | |
 | United States. Congress. Senate. Committee on Governmental Affairs - 1998 - 794 страници
...sustained unless the Court is convinced that "the gravity of the evil, discounted by its probability, justifies such invasion of free speech as is necessary to avoid the danger."" It seems unlikely that the Court would hold that the mere possibility of violating campaign finance... | |
 | United States. Congress. Senate. Committee on Governmental Affairs - 1998 - 774 страници
...sustained unless the Court is convinced that "the gravity of the evil, discounted by its probability, justifies such invasion of free speech as is necessary to avoid the danger."4' It seems unlikely that the Court would hold that the mere possibility of violating campaign... | |
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In each case [courts] must ask whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger. 
