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Reply #10: You are right on. The famous quote is from Schenck vs, US 1919 [View All]

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Loudmxr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-09-10 03:22 AM
Response to Reply #1
10. You are right on. The famous quote is from Schenck vs, US 1919
Oliver Wendell Holmes. "The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. <...> 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."

This was about distributing flyers critical of the government. But in a later case Brandeis and Holmes said the government had gone too far because they prosecuted "puny" people instead of those who presented a "clear and present" danger to America. They lost.

Are Bachman and her ilk a clear and present danger to America? Well I can tell ya they sure are keeping our President's bullet proof suit tailor workin' hard. And ohhhh they look good.
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