dennis argued december decided june construed applied case smith act stat making crime person knowingly willfully advocate overthrow destruction government force violence organize help organize group conspire violate first amendment provisions bill rights violate first fifth amendments indefiniteness pp petitioners leaders communist party country indicted federal district smith act willfully knowingly conspiring organize communist party group persons teach advocate overthrow destruction government force violence knowingly willfully advocate teach duty necessity overthrowing destroying government force violence trial judge instructed jury convict unless found petitioners intended overthrow government speedily circumstances permit found matter law sufficient danger substantive evil congress right prevent justify application statute first amendment petitioners convicted convictions sustained appeals granted certiorari limited questions whether either smith act inherently construed applied instant case violates first amendment provisions bill rights whether either inherently construed applied instant case violates first fifth amendments indefiniteness held convictions affirmed pp affirmed opinions justices constituting majority see opinion chief justice joined justice reed justice burton justice minton opinion justice frankfurter opinion justice jackson dissenting opinion justice douglas see case stated opinion chief justice pp affirmed george crockett abraham isserman harry sacher argued cause petitioners brief richard gladstein solicitor general perlman irving shapiro argued cause brief attorney general mcgrath assistant attorney general mcinerney irving saypol robert ginnane frank gordon edward wallace lawrence bailey chief justice vinson announced judgment opinion justice reed justice burton justice minton join petitioners indicted july violation conspiracy provisions smith act stat ed period april july pretrial motion quash indictment grounds inter alia statute unconstitutional denied foster supp case set trial january verdict guilty petitioners returned jury october appeals affirmed convictions granted certiorari limited following two questions whether either smith act inherently construed applied instant case violates first amendment provisions bill rights whether either act inherently construed applied instant case violates first fifth amendments indefiniteness sections smith act stat ed see present provide follows sec shall unlawful person knowingly willfully advocate abet advise teach duty necessity desirability propriety overthrowing destroying government force violence assassination officer government intent cause overthrow destruction government print publish edit issue circulate sell distribute publicly display written printed matter advocating advising teaching duty necessity desirability propriety overthrowing destroying government force violence organize help organize society group assembly persons teach advocate encourage overthrow destruction government force violence become member affiliate society group assembly persons knowing purposes thereof purposes section term government means government government state territory possession government district columbia government political subdivision sec shall unlawful person attempt commit conspire commit acts prohibited provisions title trial case extended nine months six devoted taking evidence resulting record pages limited grant writ certiorari removed consideration question sufficiency evidence support jury determination petitioners guilty offense charged whether record petitioners fact advocate overthrow government force violence us must base discussion point upon conclusions stated opinion appeals treated issue great detail held record case amply supports necessary finding jury petitioners leaders communist party country unwilling work within framework democracy intended initiate violent revolution whenever propitious occasion appeared petitioners dispute meaning drawn evidence contending doctrine advocated taught force violence achieve communist form government existing democratic state necessary ruling classes state never permit transformation accomplished peacefully use force violence defeat peaceful political economic gain communists achieve appeals held record supports following broad conclusions virtue control political apparatus communist political association petitioners able transform organization communist party policies association changed peaceful cooperation economic political structure policy existed soviet union fighting common enemy namely policy worked overthrow government force violence communist party highly disciplined organization adept infiltration strategic positions use aliases language party rigidly controlled communists unlike political parties tolerate dissension policy laid guiding forces approved program slavishly followed members party literature party statements activities leaders petitioners advocate general goal party period question achieve successful overthrow existing order force violence helpful clarifying issues treat next contention trial judge improperly interpreted statute charging statute required unlawful intent jury convict specifically charged jury find petitioners guilty indictment unless found petitioners intent overthrow government force violence speedily circumstances permit section makes unlawful knowingly willfully advocate teach duty necessity desirability propriety overthrowing destroying government force violence section organize help organize society group assembly persons teach advocate encourage overthrow fact expressly requires specific intent overthrow government absence precise language foregoing subsections claimed congress deliberately omitted requirement agree require far greater indication congressional desire intent made element crime use disjunctive knowingly willfully omission exact language structure purpose statute demand inclusion intent element crime congress concerned advocate organize overthrow government certainly recruit combine purpose advocating overthrow intend bring overthrow hold statute requires essential element crime proof intent charged violation overthrow government force violence see williams screws cramer fact must investigation state mind interpretation afford basis rejection meaning survey title code indicates vast majority crimes designated title require express language proof existence certain mental state words knowingly maliciously wilfully purpose intent combinations permutations synonymous terms existence mens rea rule rather exception principles criminal jurisprudence see american communications assn douds suggested presence intent makes difference law act otherwise excusable carrying minor penalties accompanied evil intent yet existence intent made killing condemned screws supra beating williams supra clearly severely punishable state law offenses constitutionally punishable federal government cases required government prove defendants intended deprive victim constitutional right precise mental state may essential element crime surely intent overthrow government advocacy thereof equally susceptible proof ii obvious purpose statute protect existing government change peaceable lawful constitutional means change violence revolution terrorism within power congress protect government armed rebellion proposition requires little discussion whatever theoretical merit may argument right rebellion dictatorial governments without force existing structure government provides peaceful orderly change reject principle governmental helplessness face preparation revolution principle carried logical conclusion must lead anarchy one conceive within power congress prohibit acts intended overthrow government force violence question concerned whether congress power whether means employed conflict first fifth amendments constitution one bases contention means congress employed invalid takes form attack face statute grounds terms prohibits academic discussion merits stifles ideas contrary concepts free speech free press although agree language significance must bear mind duty federal courts interpret federal legislation manner inconsistent demands constitution american communications assn douds confronted cases similar thornhill alabama herndon lowry de jonge oregon state given meaning state statute inconsistent federal constitution federal statute must interpret well judge herein lies fallacy reliance upon manner treated judgments state courts statute construed state transgressed first amendment invalidate judgments conviction language smith act negates interpretation petitioners us impose act directed advocacy discussion thus trial judge properly charged jury convict found petitioners pursue peaceful studies discussions teaching advocacy realm ideas charged unlawful conduct american college university course explaining philosophical theories set forth books placed evidence charge strict accord statutory language illustrates meaning placed words congress intend eradicate free discussion political theories destroy traditional rights americans discuss evaluate ideas without fear governmental sanction rather congress concerned kind activity evidence showed petitioners engaged iii although statute directed hypothetical cases petitioners conjured application case resulted convictions teaching advocacy overthrow government force violence even though coupled intent accomplish overthrow contains element speech reason must pay special heed demands first amendment marking boundaries speech pointed douds supra basis first amendment hypothesis speech rebut speech propaganda answer propaganda free debate ideas result wisest governmental policies reason recognized inherent value free discourse analysis leading cases involved direct limitations speech however demonstrate majority dissenters particular cases recognized unlimited unqualified right societal value speech must occasion subordinated values considerations important case involving free speech decided prior schenck indeed summary treatment accorded argument based upon individual claim first amendment protected certain utterances indicates earlier dates placed unique emphasis upon right classic dictum justice holmes schenck case speech per se received emphasis majority opinion case involved conviction criminal espionage act stat question faced whether evidence sufficient sustain conviction writing unanimous justice holmes stated question every case whether words used used circumstances nature create clear present danger bring substantive evils congress right prevent force even expression considerably weakened reference end opinion goldman prosecution statute said justice holmes indeed goldman might said dispose present contention precedent covers media concludendi right free speech referred specially thought fit add words fact inescapable phrase bore connotation danger threat safety republic charge causing attempting cause insubordination military forces obstruct recruiting objectionable document denounced conscription inciting sentence must share maintain support uphold rights people country fifteen thousand copies printed circulated insubstantial gesture toward insubordination war held clear present danger bringing evil military insubordination several later cases involving convictions criminal espionage act nub evidence held sufficient meet clear present danger test enunciated schenck follows frohwerk publication twelve newspaper articles attacking war debs one speech attacking participation war abrams circulation copies two different socialist circulars attacking war schaefer publication newspaper allegedly false articles critical capitalism war pierce circulation copies pamphlet written clergyman attacking purposes war participation therein justice holmes wrote opinions unanimous schenck frohwerk debs justice brandeis dissented abrams schaefer pierce basis dissents protection first amendment gives speech evidence case insufficient show defendants created requisite danger schenck dissents mark change principle dissenters doubted probable effectiveness puny efforts toward subversion abrams wrote doubt moment reasoning justify punishing persuasion murder constitutionally may punish speech produces intended produce clear imminent danger bring forthwith certain substantive evils constitutionally may seek prevent schaefer test said one degree although clear whether degree refers clear present danger evil perhaps meant rule deduce cases offense specified statute nonspeech nonpress terms conviction relying upon speech press evidence violation may sustained speech publication created clear present danger attempting accomplishing prohibited crime interference enlistment dissents repeat emphasizing value speech addressed argument sufficiency evidence next important case free speech crux conflict gitlow new york new york made crime advocate necessity propriety overthrowing organized government force evidence violation statute defendant published manifesto attacking government capitalism convictions sustained justices holmes brandeis dissenting majority refused apply clear present danger test specific utterance reasoning follows clear present danger test applied utterance schenck question merely one sufficiency evidence admittedly constitutional statute gitlow however presented different question legislature found certain kind speech harmful unlawful constitutionality state statute adjudged determined constitutionality state statute namely whether statute reasonable since entirely reasonable state attempt protect violent overthrow statute perforce reasonable question remaining case became whether evidence support conviction question gave majority difficulty justices holmes brandeis refused accept approach insisted wherever speech evidence violation necessary show speech created clear present danger substantive evil legislature right prevent justices holmes brandeis made distinction federal statute made certain acts unlawful evidence support conviction speech statute made speech crime approach emphasized whitney california confronted conviction california criminal syndicalist statute sustained conviction justices brandeis holmes concurring result concurrence repeated even though legislature designated certain speech criminal prevent defendant showing danger substantive evil brought although case subsequent whitney gitlow expressly overruled majority opinions cases little doubt subsequent opinions inclined toward rationale american communications assn douds supra called upon decide validity labor management relations act section required officials unions desired avail facilities national labor relations board take oaths belong communist party believe overthrow government force violence pointed congress intend punish belief rather intended regulate conduct union affairs therefore held indirect sanction speech might arise oath requirement present proper case clear present danger test regulation aimed conduct rather speech discussing proper measure evaluation kind legislation suggested philosophy insisted direct restriction upon speech clear present danger substantive evil caused necessary statute question constitutionally applied stated first amendment requires one permitted believe requires one permitted advocate unless clear present danger substantial public evil result therefrom suggested neither justice holmes justice brandeis ever envisioned shorthand phrase crystallized rigid rule applied inflexibly without regard circumstances case speech absolute beyond control legislature judgment subject review certain kinds speech undesirable warrant criminal sanction nothing certain modern society principle absolutes name phrase standard meaning associated considerations gave birth nomenclature see american communications assn douds paralyze government face impending threat encasing semantic straitjacket must reply concepts relative case squarely presented application clear present danger test must decide phrase imports first note many cases reversed convictions use similar tests based fact interest state attempting protect insubstantial warrant restriction speech category may put cases schneider state cantwell connecticut martin struthers west virginia board education barnette thomas collins marsh alabama cf prince massachusetts cox new hampshire overthrow government force violence certainly substantial enough interest government limit speech indeed ultimate value society society protect structure armed internal attack must follow subordinate value protected interest may protected literal problem presented meant use phrase clear present danger utterances bringing evil within power congress punish obviously words mean government may act must wait putsch executed plans laid signal awaited government aware group aiming overthrow attempting indoctrinate members commit course whereby strike leaders feel circumstances permit action government required argument need government concern government strong possesses ample powers put rebellion may defeat revolution ease needs answer question certainly attempt overthrow government force even though doomed outset inadequate numbers power revolutionists sufficient evil congress prevent damage attempts create physically politically nation makes impossible measure validity terms probability success immediacy successful attempt instant case trial judge charged jury convict unless found petitioners intended overthrow government speedily circumstances permit mean properly mean strike certainty success meant revolutionists strike thought time ripe must therefore reject contention success probability success criterion situation justices holmes brandeis concerned gitlow comparatively isolated event bearing little relation minds substantial threat safety community also true cases like fiske kansas de jonge oregon cf lazar pennsylvania confronted situation comparable instant one development apparatus designed dedicated overthrow government context world crisis crisis chief judge learned hand writing majority interpreted phrase follows case courts must ask whether gravity evil discounted improbability justifies invasion free speech necessary avoid danger adopt statement rule articulated chief judge hand succinct inclusive might devise time takes consideration factors deem relevant relates significances expect words likewise accord affirmed trial finding requisite danger existed mere fact period petitioners activities result attempt overthrow government force violence course answer fact group ready make attempt formation petitioners highly organized conspiracy rigidly disciplined members subject call leaders petitioners felt time come action coupled inflammable nature world conditions similar uprisings countries nature relations countries petitioners least ideologically attuned convince us convictions justified score analysis disposes contention conspiracy advocate distinguished advocacy constitutionally restrained comprises preparation existence conspiracy creates danger cf pinkerton goldman rabinowich ingredients reaction present bind government wait catalyst added iv although concluded finding sufficient danger warrant application statute justified merits remains problem whether trial judge treatment issue correct charged jury relevant part follows construction interpretation statute charge abstract doctrine overthrowing destroying organized government unlawful means denounced law teaching advocacy action accomplishment purpose language reasonably ordinarily calculated incite persons action accordingly find defendants guilty crime charged unless satisfied beyond reasonable doubt conspired organize society group assembly persons teach advocate overthrow destruction government force violence advocate teach duty necessity overthrowing destroying government force violence intent teaching advocacy rule principle action language reasonably ordinarily calculated incite persons action intent cause overthrow destruction government force violence speedily circumstances permit satisfied evidence establishes beyond reasonable doubt defendants guilty violation statute interpreted find matter law sufficient danger substantive evil congress right prevent justify application statute first amendment constitution matter law concern finding matter law deem essential support ruling case submitted pass upon guilt innocence defendants first paragraph quoted instructions calls jury find facts essential establish substantive crime violation smith act involved conspiracy charge doubt jury found facts petitioners violation act established argument action trial erroneous declaring matter law violation shows sufficient danger justify punishment despite first amendment rests theory jury must decide question application first amendment agree facts found establish violation statute protection conviction afforded first amendment matter law doctrine must clear present danger substantive evil congress right prevent judicial rule applied matter law courts guilt established proof facts whether first amendment protects activity constitutes violation statute must depend upon judicial determination scope first amendment applied circumstances case petitioners reliance upon justice brandeis language concurrence whitney supra misplaced case justice brandeis pointed defendant made existence requisite danger important issue trial done discussing failure stated defendant issue determined jury realistic construction disjunctive language arrive conclusion intended state question determinable jury incidental statement majority pierce supra persuasive effect issue probable effect publication submitted jury majority apparently addressing remarks contention dissenters jury reasonably returned verdict guilty evidence indeed case phrase born schenck examined record find whether requisite danger appeared issue submitted jury every later case measured validity statute clear present danger test determination question danger submitted jury question case whether statute legislature enacted may constitutionally applied words must examine judicially application statute particular situation ascertain constitution prohibits conviction hold statute may applied clear present danger substantive evil legislature right prevent bearing marks question law issue properly one judge decide remains discussed question vagueness whether statute interpreted vague sufficiently advising speak limitations upon activity urged vagueness contravenes first fifth amendments argument particularly nonpersuasive presented petitioners jury found intended overthrow government speedily circumstances permit see abrams dissenting opinion whitney california concurring opinion taylor mississippi claim guilelessness ill becomes evil intent williams jordan de george american communications assn douds screws agree standard defined neat mathematical formulary like verbalizations subject criticism score indefiniteness petitioners contend verbalization clear present danger proper standard see difference standpoint vagueness whether standard clear present danger one contained haec verba within statute whether judicial measure constitutional applicability shown indeterminate standard phrase necessarily connotes think rendered standard indefinite attempt sum factors included within scope think well serves indicate advocate constitutionally prohibited conduct line beyond may go line full knowledge intend circumstances activity takes place well appreciate understand williams supra jordan supra petrillo wurzbach nash doubt intent defendants nature activities power bring evil review convictions scrupulous care demanded constitution convinced may borderline cases time future convictions reversed argument petitioners know activities constitutionally proscribed statute discussed many questions extracted record although treated detail limited grant writ certiorari withdrawn consideration date questions include inter alia sufficiency evidence composition jury conduct trial hold smith act inherently construed applied instant case violate first amendment provisions bill rights first fifth amendments indefiniteness petitioners intended overthrow government speedily circumstances permit conspiracy organize communist party teach advocate overthrow government force violence created clear present danger attempt overthrow government force violence properly constitutionally convicted violation smith act judgments conviction affirmed footnotes treated point discussion accorded appeals importance administration statute compare johnson although petitioners requested charge similar one given rule federal rules criminal procedure appear barred raising point appeal cf boyd toledo newspaper fox washington davis massachusetts see gompers bucks stove range robertson baldwin cf gilbert minnesota contempt craig harney pennekamp florida bridges california validity state statute thomas collins taylor mississippi thornhill alabama validity local ordinance regulation west virginia board education barnette carlson california common law offense cantwell connecticut whether miss whitney things complained california clear present danger serious evil might made important issue case might required issue determined either jury claimed statute applied violated federal constitution claim void clear present danger serious evil request existence conditions valid measure thus restricting rights free speech assembly passed upon jury hand evidence jury might found danger existed emphasis added whether printed words fact produce proximate result material interference recruiting enlistment service operation success forces question jury decide view circumstances time considering place manner distribution similarly worded expression found part majority opinion sustaining overruling defendants general demurrer indictment since defendants raised issue clear present danger trial clear faced question whether trial judge erred determining conclusive matter existence nonexistence clear present danger issue remarks addressed whether indictment sufficiently alleged violation justice frankfurter concurring affirmance judgment defendants convicted smith act conspiring violate act makes unlawful organize help organize society group assembly persons teach advocate encourage overthrow destruction government force violence act june stat substance indictment defendants april july agreed bring dissolution body known communist political association organize place communist party aim new party overthrow destruction government force violence defendants assume leadership party recruit members party publish books conduct classes teaching duty necessity forceful overthrow jury found defendants guilty one exception sentenced imprisonment five years fine convictions affirmed appeals second circuit asked review affirmance grounds considered appeals included scope freedom speech guaranteed constitution also serious questions regarding legal composition jury fair conduct trial granted certiorari strictly limited however contention smith act inherently applied violated first fifth amendments attempt made seek enlargement range questions thus defined alone open consideration others foreclosed decision appeals thus limited controversy turns essentially instructions given jury determining guilt innocence first question whether wholly apart constitutional matters judge charge properly explained jury smith act condemns conclusion requires labored argument basis instructions jury found purpose review advocacy defendants conspired promote rule action language reasonably calculated incite persons action intended cause overthrow government force violence soon circumstances permit brings us ultimate issue enacting statute makes crime defendants conspire found conspired congress exceed constitutional power questions comparable import come recent years appellants maintain right advocate political theory long least advocacy create immediate danger obvious magnitude existence present scheme society hand government asserts right safeguard security nation measure smith act judgment thus solicited conflict interests utmost concern country conflict interests resolved dogmatic preference one sonorous formula fact euphemistic disguise unresolved conflict adjudication rational process escape candid examination conflicting claims full recognition supported weighty come occasions law elsewhere familiar needs recalled whole history proves even decisively course decisions powers inseparable sovereign nation america chosen many respects many purposes nation purposes government complete objects competent chief justice marshall cohens virginia wheat right government maintain existence pervasive aspect sovereignty security foreign danger wrote madison one primitive objects civil society federalist constitutional power act upon basic principle recognized different periods diverse circumstances preserve independence give security foreign aggression encroachment highest duty every nation attain ends nearly considerations subordinated matters form aggression encroachment come government possessing powers exercised protection security clothed authority determine occasion powers shall called forth chinese exclusion case see also de lima bidwell mackenzie hare missouri holland tragic experience history poignant reminder nation continued existence may threatened within protect threats federal government invested inherent implied powers time adopting constitution generally considered belong every government essential exercise functions justice bradley concurring legal tender cases wall see debs even power duty absolute like war power indeed aspect power subject applicable constitutional limitations see hamilton kentucky distilleries constitution provision lifting restrictions upon governmental authority periods emergency although scope restriction may depend circumstances invoked first amendment restriction exacts obedience even periods war applicable war clouds figments imagination less first amendment categorically demands congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances right man think pleases write thinks thoughts made available others hear read engaging ring universality smith act conviction doubt restrict exercise free speech assembly without dispose matter regard invulnerable every measure claim national survival invoked find constitution wholly unfettered right expression literalness treats words constitution though found piece outworn parchment instead words called nation past preserved future soil bill rights grew soil arid pedantry historic antecedents first amendment preclude notion purpose give unqualified immunity every expression touched matters within range political interest massachusetts constitution guaranteed free speech yet records least three convictions political libels obtained pennsylvania constitution delaware constitution expressly imposed liability abuse right free speech madison state put books statute confining abusive exercise right utterance deserves noted writing john adams wife jefferson rest condemnation sedition act belief unrestrained utterance political matter first amendment argued reflected limitation upon federal power leaving right enforce restrictions speech language first amendment read barren words found dictionary symbols historic experience illumined presuppositions employed words madison hamilton use minds conveyed free speech subject prohibition abuses expression civilized society may forbid case every provision constitution crystallized nature technical concepts fact first amendment neither impairs usefulness compels paralysis living instrument law perfectly well settled said fifty years ago first ten amendments constitution commonly known bill rights intended lay novel principles government simply embody certain guaranties immunities inherited english ancestors time immemorial subject certain exceptions arising necessities case incorporating principles fundamental law intention disregarding exceptions continued recognized formally expressed robertson baldwin represents authentic view bill rights spirit must construed recognized cases come within last fifty years see gompers absolute rules inevitably lead absolute exceptions exceptions eventually corrode rules demands free speech democratic society well interest national security better served candid informed weighing competing interests within confines judicial process announcing dogmas inflexible problems solved primary responsibility adjusting interests compete situation us necessity belongs congress nature power exercised delineated decisions charged emotional appeal situations us set aside judgment whose duty legislate reasonable basis cases mugler kansas carolene products determine whether statute sufficiently definite meet constitutional requirements due process whether respects safeguards undue concentration authority secured separation power cohen grocery must assure fairness procedure allowing full scope governmental discretion mindful impact individuals context problem involved joint refugee comm mcgrath course proceedings particular case us must warrant substantial proof beyond powers must go must scrupulously observe narrow limits judicial authority even though alone set us must remember power judicial review exercise powers justice brandeis justice holmes dissenting burns baking bryan generation ago distribution responsibility questioned see fox washington meyer nebraska bartels iowa cf new york ex rel bryant zimmerman recent decisions made explicit long implicitly recognized reviewing statutes restrict freedoms protected first amendment emphasized close relation freedoms bear maintenance free society see kovacs cooper concurring members times majority done suggested function reviewing statutes restricting freedom expression differs sharply normal duty sitting judgment legislation said statutes must justified clear public interest threatened doubtfully remotely clear present danger rational connection remedy provided evil curbed contexts might support legislation attack due process grounds suffice thomas collins suggested casualness legislation presumptively valid see carolene products weightily reiterated freedom speech preferred position among constitutional safeguards kovacs cooper precise meaning intended conveyed phrases need pursued enough note recurred opinions cumulative force without justification engendered belief constitutional principle expressed attractive imprecise words prohibiting restriction upon utterance unless creates situation imminent peril legislation may guard body pronouncements defendants argument based fairness argument met reinterpreting frequent use clear present mean entertainable probability giving meaning phrase clear present danger appeals fastidiously confining rhetoric opinions exact scope decided greater responsibility given constitutional support repeated protests uncritical libertarian generalities argument defendants adequately met citing isolated cases adjustment clash interests subtle fundamental likely reveal entire consistency series instances presenting clash difficult find one seeks language decisions reporting effort reconcile free speech interests conflicts case defendants requires conviction tested entire body relevant decisions since significance every expression thought derives circumstances evoking results reached rather language employed give vital meaning see cohens virginia wheat wambaugh study cases added reason must turn decisions great cases appropriate remember like hard cases make bad law great cases called great reason real importance shaping law future accident immediate overwhelming interest appeals feelings distorts judgment immediate interests exercise kind hydraulic pressure makes previously clear seem doubtful even well settled principles law bend justice holmes dissenting northern securities case unless compromise judicial impartiality subject defendants risk ad hoc judgment influenced impregnating atmosphere times constitutionality conviction must determined principles established cases decided tranquil periods decisions used guide argument important view whole distrust easy generalizations lend ii recognized resolved conflicts speech competing interests six different types cases cases involving conflict interest allowing free expression ideas public places interest protection public peace primary uses streets parks recently considered rehearsed niemotko maryland suffices recall result case found turn character interest speech clashed method used impose restriction nature circumstances utterance prohibited decisions recognized importance free speech carefully scrutinized justification regulation rejected notion vindication deep public interest freedom expression requires subordination conflicting values critique cases testing restrictions picketing made difficult inadequate recognition outset loyalties responses evoked exacted picket lines differentiate form expression modes communication see thornhill alabama crux decision thornhill case state constitutionally punish peaceful picketing neither aim picketing manner carried conflicted substantial interest subsequent decisions sustained restrictions designed prevent recurrence violence milk wagon drivers union meadowmoor dairies reasonably limit area industrial strife carpenters joiners union ritter cafe cf bakery pastry drivers local wohl held state policy restraints trade justified prohibiting picketing violated policy giboney empire storage sustained restrictions designed encourage persons international brotherhood teamsters union hanke prevent racial discrimination hughes superior fourteenth amendment bars state prohibiting picketing fair justification breadth restriction imposed american federation labor swing cafeteria employees union angelos prevent state denying means communication picketing affords fair balance interests trade unionism interests community three cases considered scope application power government exclude deport denaturalize aliens advocacy beliefs ex rel turner williams held first amendment disable congress directing exclusion alien found administrative proceeding anarchist long human governments endure said denied power question presented schneiderman bridges wixon consider extent power congress case closely divided interpreted statute authorizing denaturalization deportation impose government strictest standards proof history regards freedom press indispensable free society government therefore invalidated discriminatory taxation press prior restraints publication defamatory matter grosjean american press near minnesota also given clear indication importance attach dissemination ideas reviewing attempts reconcile freedom press protection integrity judicial process pennekamp florida agreed fourteenth amendment barred state adjudging contempt publisher critical inaccurate comment portions litigation practical purposes longer pending likewise agreed minor phase decision bridges california even statements press relate matters still pending convictions publication sustained utterance trivial deemed substantial threat impartial administration justice however sharply divided constitutes sufficient interference course justice first decision patterson colorado affirmed judgment contempt imposed state publication articles reflecting conduct cases still motions rehearing bridges case however majority held state protect implied threat powerful newspaper failure elected judge impose severe sentence serious mistake case also placed beyond state power punish publication telegram president important union threatened damaging strike event adverse decision majority craig harney held fourteenth amendment protected strong intemperate unfair criticism way elected lay judge conducting pending civil case none cases establishes public interest free press must instances prevail public interest dispassionate adjudication bridges craig decisions survive tend require showing interference imminent demonstrable power theoretically possessed state largely paralyzed decision american communications assn douds recognized exercise political rights protected first amendment necessarily discouraged requirement act officers unions employing services national labor relations board sign affidavits communists held statute reason presumptively invalid problem said one weighing probable effects statute upon free exercise right speech assembly congressional determination political strikes evils conduct cause substantial harm interstate commerce communists others identified pose continuing threats public interest positions union leadership balance decided legislative judgment permissible one statutes prohibiting speech tendency lead crime present conflict interests bears directly problem us first case considered conflict fox washington supra statute challenged interpreted prohibit publication matter encouraging actual breach law held fourteenth amendment prohibit application statute article concluded incited breach laws indecent exposure said statute lays hold encouragements apart statute directed particular person conduct generally make uttered guilty misdemeanor accomplice principal crime encouraged deals publication wider less selected audience sure fox case preceded explicit absorption substance first amendment fourteenth subsequent decisions extended fox principle situations important problem us must consider detail first important application principle made six cases arising espionage act act prohibits conspiracies attempts obstruct recruiting enlistment service first three cases justice holmes wrote unanimous affirming convictions evidence schenck showed defendant conspired circulate among men called draft copies circular asserted right oppose draft defendant frohwerk shown conspired publish newspaper twelve articles describing sufferings american troops futility war aims record inadequate said therefore impossible say might found circulation paper quarters little breath enough kindle flame fact known relied upon sent paper debs indictment charged defendant delivered public speech expounding socialism praising socialists convicted abetting violation draft laws ground decision case first amendment obviously intended give immunity every possible use language robertson baldwin frohwerk supra question every case whether words used used circumstances nature create clear present danger bring substantive evils congress right prevent question proximity degree schenck supra words used natural tendency reasonably probable effect obstruct recruiting service defendant specific intent mind conviction wartime prohibited constitution debs supra three succeeding cases holmes brandeis dissented judgments affirming convictions indictment abrams laid amendment espionage act prohibited conspiracies advocate curtailment production material necessary prosecution war intent thereby hinder prosecution war appeared defendants anarchists printed circulars distributed new york city leaflets repeated standard marxist slogans condemned american intervention russia called general strike protest schaefer editors newspaper philadelphia charged obstructing recruiting service wilfully publishing false reports intent promote success enemies evidence showed publication articles accused american troops weakness mendacity one instance misquoted mistranslated two words senator speech indictment pierce charged defendants attempted cause insubordination armed forces conveyed false reports intent interfere military operations conviction based circulation pamphlet belittled allied war aims criticized conscription strong terms case majority dissenting opinions relied schenck divided view evidence majority held jury infer required intent probable effect articles content holmes brandeis thought expressions opinion exhortations involved puny anonymities impotent produce evil statute aimed specific intent required statute reasonably inferred agreed incitement disobey draft statute constitutionally punished disagreed proof required show incitement eyes majority gitlow new york presented different problem defendant convicted new york statute nearly identical smith act us evidence showed defendant official left wing section socialist party responsible publication left wing manifesto document repudiated moderate socialism urged necessity militant revolutionary socialism based class struggle revolutionary mass action evidence effect manifesto introduced jury instructed convict unless found document advocated employing unlawful acts purpose overthrowing organized government conviction affirmed question held entirely different involved schenck statute prohibited acts without reference language legislative body determined generally constitutional exercise discretion utterances certain kind involve danger substantive evil may punished question whether specific utterance coming within prohibited class likely bring substantive evil open consideration sufficient defendant conduct falls within statute statute reasonable exercise legislative judgment principle also applied whitney california sustain conviction state criminal syndicalism statute statute made felony assist organizing group assembled advocate commission crime sabotage unlawful acts violence means effecting political industrial change defendant found assisted organizing communist labor party california organization found specified character held legislature unreasonable believing organization party involves danger public peace security state acts penalized exercise police power neither cases justice holmes justice brandeis accept reasoning question said quoting schenck every case whether words used used circumstances nature create clear present danger bring substantive evils state right prevent since manifesto circulated gitlow chance starting present conflagration dissented affirmance conviction whitney california concurred result reached record contained evidence organization communist labor party might conspiracy commit immediate serious crimes credibility evidence put issue defendant subsequent decisions added little principles established two groups cases case arising espionage act decided last war substantiality evidence crucial issue defendant hartzel educated man citizen actively affiliated political group wrote three articles condemning wartime allies urging war converted racial conflict mailed tracts people including military officers according testimony intention create sentiment war amongst white races majority held jury reasonably infer facts defendant acted specific intent cause insubordination disloyalty armed forces greater importance fact issue law divided gitlow whitney cases clearly raised although four additional instances reviewed convictions comparable statutes fiske kansas involved criminal syndicalism statute similar us whitney california reversed conviction based evidence defendant exhibited innocuous preamble constitution industrial workers world soliciting members organization herndon lowry defendant solicited members communist party proof urged even approved party aims unlawful reversed conviction obtained statute prohibiting attempt incite insurrection violence ground fourteenth amendment prohibited conviction evidence jury reasonably infer defendant violated statute state sought apply two decisions go hold statute construed state courts exceeded bounds legislative judgment founded reason statute presented de jonge oregon construed apply anyone merely assisted conduct meeting held auspices communist party taylor mississippi statute prohibited dissemination printed matter designed calculated encourage violence sabotage disloyalty government state mississippi reversed conviction concluded mere criticism prophesy without indicating whether thought statute circumstances validly applied defendants communicated said claimed shown done evil sinister purpose advocated incited subversive action nation state threatened clear present danger institutions government must leave others ungrateful task trying reconcile decisions instances readily permitted juries infer deception error intention argumentative critical statements abrams supra schaefer supra pierce supra gilbert minnesota instances weighted interest free speech heavily permitted essential conflicting values destroyed bridges california supra craig harney supra viewed whole however decisions express attitude toward judicial function standard values decisive case us first cases exception principle legislators direct policymaking province best reconcile competing interests business legislatures balance strike judgment displaced respected unless outside pale fair judgment occasion strained interpret legislation order limit effect interests protected first amendment schneiderman supra bridges wixon supra instances denied deference think entitled bridges california supra craig harney supra recent course decisions refused permit jury draw inferences seemed obviously reasonable hartzel supra case majority held legislative judgment even freedom utterance may overturned merely made different choice competing interests initial legislative judgment make cases opinions go farthest towards indicating total rejection respect legislative determinations interests choice actually made decision might well expressed familiar terms want reason legislative judgment thomas collins example decision unreasonably placed ground substantial interest justified state requiring labor leader register speaking advocacy cause trade unionism martin city struthers broadly held municipality justified prohibiting knocking doors ringing doorbells purpose delivering handbills since good faith reasonableness regulation placed doubt fact city think necessary also prohibit commercial sales decision sustained narrower ground compare breard alexandria post decided day cases moreover given clear indication even free speech involved attach great significance determination legislature gitlow new york supra whitney california supra american communications assn douds supra cf bridges california see hughes superior supra international brotherhood teamsters union hanke supra gitlow new york put respect legislative judgment terms accepted make decision easy case held legislature determined advocacy forceful overthrow forbidden conviction may sustained without finding particular case advocacy close relation serious attempt overthrow held enough statute reasonable exercise legislative judgment defendant conduct fall within statute one judges rested affirmance gitlow decision defendants attempt distinguish case place argument squarely ground case overruled subsequent decisions explicitly overruled disingenuous deny dissent gitlow treated respect usually accorded decision result gitlow decision send leftwing socialist jail publishing manifesto expressing marxist exhortations requires excessive tolerance legislative judgment suppose gitlow publication circumstances justify serious concern contrast ample justification legislative judgment conspiracy us substantial threat national order security smith act justified justified precisely may serve prohibit type conspiracy defendants convicted properly held matter separability smith act may limited situations constitutionally applied see decision today certainly mean smith act constitutionally applied facts like gitlow new york reliance may properly placed attitude judicial gitlow decision reflects necessary depend facts full extent theory case order find judgment congress applied facts case us conflict first amendment second survey relevant decisions indicates results reached whole ensue careful weighing conflicting interests complex issues presented regulation speech public places picketing legislation prohibiting advocacy crime resolved scrutiny many factors besides imminence gravity evil threatened matter well summarized reflective student work truth test oversimplified judgment unless takes account also number factors relative seriousness danger comparison value occasion speech political activity availability moderate controls state imposed perhaps specific intent speech activity launched matter rapidly utter phrase clear present danger closely hyphenate words substitute weighing values tend convey delusion certitude certain complexity strands web freedoms judge must disentangle freund understanding familiar experience law new situations fit neatly legal conceptions arose different circumstances satisfy different needs injunction tortured instrument oppression labor industrial conflicts attempt use direction thought lying behind criterion clear present danger wholly context originated make absolute dogma definitive measuring rod power congress deal assaults security devices overt physical attempts bearing mind justice holmes regarded questions first amendment questions proximity degree schenck distortion indeed mockery reasoning compare puny anonymities addressing abrams case publication futile remote possible consequences gitlow case setting events case author quoted judicial phrases regarding freedom speech make victim tendency fought life whereby phrases made service critical analysis turned dogma one misfortunes law ideas become encysted phrases thereafter long time cease provoke analysis holmes dissenting hyde phrase clear present danger origin served indicate importance freedom speech free society also emphasize exercise must compatible preservation freedoms essential democracy guaranteed constitution pennekamp florida concurring far better phrase abandoned sounded hide believers absolute right free speech plain fact interest speech profoundly important conclusive judicial review attributes democracy determination people representatives measure necessary assure safety government defendants convicted conspiring organize party persons advocate overthrow government force violence jury found object conspiracy advocacy rule principle action language reasonably ordinarily calculated incite persons action intent cause overthrow speedily circumstances permit scale values hitherto recognized speech sort ranks low throughout decisions recurred distinction statement idea may prompt hearers take unlawful action advocacy action taken distinction root conception common law supported principles morality person procures another act responsible act though done principle extended fox washington supra words directed public generally constitute incitement directed individual adapted schenck supra rule evidence designed restrict application espionage act relied gitlow new york supra distinction repeated many decisions upheld claims speech frequently distinguished protected forms expression statements incite violence crime threaten overthrow organized government unlawful means stromberg california see also near minnesota de jonge oregon cantwell connecticut taylor mississippi true divining rod may locate advocacy exposition ideas readily merges advocacy justice gave currency application incitement doctrine field dissented four times thought misapplication said gitlow dissent every idea incitement even though advocacy overthrow deserves little protection hesitate prohibit thereby inhibit interchange rational ideas essential representative government free society underlying validity distinction advocacy interchange ideas discard useful tool may misused distinction used unreasonably power hostile unorthodox views negate fact may used reasonably organization wielding power centrally controlled international communist movement object conspiracy us clear chance error saying defendants conspired advocate rather express ideas slight justice douglas quite properly points conspiracy us conspiracy overthrow government equally wrong treat seminar political theory iii general considerations underlie decision case us one hand interest security communist party designed defendants ordinary political party circumstances organization aims methods relation defendants organization aims concluded jury verdict jury found party rejects basic premise political system change brought nonviolent constitutional process jury found party advocates theory duty necessity overthrow government force violence found party entertains promotes view prophetic insight bit unworldly speculation program winning adherents policy translated action finding defendants violated statute may treat established fact communist party country significant size conditioned embark unlawful activity given command determining whether application statute defendants within constitutional powers congress limited facts found jury must view question light whatever relevant legislative judgment may take judicial notice communist doctrines defendants conspired advocate ascendency powerful nations acquitted unfriendliness institutions country may take account evidence brought forward trial elsewhere much long common knowledge sum amply justify legislature concluding recruitment additional members party create substantial danger national security reliably reported least members enrolled party evidence introduced case membership organized small units linked intricate chain command protected elaborate precautions designed prevent disclosure individual identity reliable data tracing acts sabotage espionage directly defendants canadian royal commission appointed investigate espionage reported overwhelmingly established communist movement principal base within espionage network recruited notorious spy recent history led service soviet union communist indoctrination evidence supports conclusion members party seek occupy positions importance political labor organizations congress barred constitution believing indifference experience exercise freedom irresponsibility hand interest free speech right exert governmental powers aid maintaining institutions resisting physical overthrow include intolerance opinions speech harm although opposed perhaps alien dominant traditional opinion treatment minorities especially legal position among searching tests level civilization attained society better almost unlimited power government hands err side freedom enjoyed much freedom long perhaps danger forgetting much blood cost establish bill rights course government recognize right revolution right incite revolution incitement purpose effect speech seldom restricted single purpose effects may manifold public interest wanting granting freedom speak minds even advocate overthrow government force evidence case abundantly illustrates coupled advocacy criticism defects society criticism spur reform burke admonition healthy society must reform order conserve lost force astute observers remarked one characteristics american republic indifference fundamental criticism bryce american commonwealth commonplace may grain truth uncouth doctrine however false repellent balance may suppressing advocates overthrow inevitably also silence critics advocate overthrow fear criticism may construed matter clear may defendants us preparing overthrow government propitious moment think punish advocacy without adding risks run loyal citizens honestly believe reforms defendants advance sobering fact sustaining convictions us hardly escape restriction interchange ideas must overlook value interchange freedom expression civilization civilization seek maintain recognizing right congress put limitation upon expression paradoxes life social development trial error fullest possible opportunity free play human mind indispensable prerequisite history civilization considerable measure displacement error held sway official truth beliefs turn yielded truths therefore liberty man search truth fettered matter orthodoxies may challenge liberty thought soon shrivels without freedom expression truth pursued atmosphere hostile endeavor dangers hazarded heroes interest first amendment guards gives importance presupposes orthodoxies religious political economic scientific immune debate dispute back assumption orthodoxy one permissible exception truth likely emerge limitations imposed upon utterances plausibility regarded efforts present grounds accepting rejecting propositions whose truth utterer asserts denies international brotherhood electrical workers labor board last analysis validity faith national security staked say judgment congress exercised denied constitution establish constitutional doctrine forbids elected representatives people make choice hold first amendment deprives congress deemed necessary government protection make validity legislation depend judicial reading events still womb time forecast outcome forces best appreciated knowledge topmost secrets nations charge judiciary duties beyond equipment expect courts pronounce historic verdicts bygone events even historians conflicting views day origins conduct french revolution matter varying interpretations glorious revolution absurd confident measure present clash forces outcome ask us read history still enveloped clouds controversy light experience framers constitution chose keep judiciary dissociated direct participation legislative process asserting power pass constitutionality legislation marshall expressed purposes founders see charles beard constitution extent exercise power interpenetrate matters policy hardly foreseen prescient distinction founders drew duty pass power congress complementary duty enter directly domain policy fundamental actual operation rather subtle certainly common understanding duty abstain confounding policy constitutionality demands perceptive humility well declaring unconstitutional judge private judgment deemed unwise even dangerous even moving strictly within limits constitutional adjudication judges concerned issues may said involve vital finalities easy transition disapproval undesirable condemnation unconstitutional led wisest judges question wisdom scheme lodging authority courts relevant remind sustaining power congress case like nothing irrevocable done democratic process events impaired restricted power responsibility remain people immediately representatives says congress forbidden constitution pass enactment prosecution may brought conspiracy one us iv wisdom assumptions underlying legislation prosecution another matter finding congress acted within power judge remotely imply favors implications lie beneath legal issues considerations enter go beyond criteria binding upon judges within narrow confines legitimate authority legislation considering truncated aspect deeper issue illuminatingly expressed one responsibility experience fructified native insight british broadcasting corporation face fact powerful forces world today misusing privileges liberty order destroy question must asked however whether suppression information opinion true defense may come long way mill famous dictum mankind minus one one opinion one person contrary opinion mankind justified silencing one person power justified silencing mankind mill reminders history happened suppression virulently exercised warn us debate ever permanently shutting one ears even draconian policy silencing opponents debate must must full information lies must shown errors must refuted major defeat enemies democracy forced us abandon faith power informed discussion brought us level mankind constituted moreover expression discussion concerned enemies liberty met denial liberty many men goodwill come suspect something proscribed doctrine erroneous doctrines thrive expunged die exposed sir william haley standards broadcasting measure vol summer pp handling problem communist influence midst carefully moderated permit become emotional preoccupation blind us important positive tasks us damage national purpose beyond comparison greater anything threatens us today communist side american communist party today large external danger represents tiny minority country real contact feelings mass people position agency hostile foreign power clearly recognized overwhelming mass citizens subjective emotional stresses temptations exposed attempt deal domestic problem external danger represent danger within danger something may occur minds souls make us longer like persons whose efforts republic founded held together rather like representatives power trying combat intolerant secretive suspicious cruel terrified internal dissension lost belief power ideals worst thing communists us thing fear activities become like country beset external dangers readily concede dangers worst ones physical destruction disruption world security expense inconvenience sacrifice serious sometimes terrible things things take still remain americans internal danger different order america territory people lots territory elsewhere lots people add america america something minds habits outlook causes us believe certain things behave certain ways totality hold distinguished others goes america defend go easily yield primitive human instinct escape frustrations realms mass emotion hatred find scapegoats difficulties individual one time disoriented confused george kennan stand communism new york times magazine may pp appendix opinion justice frankfurter thornhill alabama state statute prohibiting picketing held invalid every expression opinion matters important potentiality inducing action interests one rather another group society group power moment may impose penal sanctions peaceful truthful discussion matters public interest merely showing others may thereby persuaded take action inconsistent interests abridgment liberty discussion justified clear danger substantive evils arises circumstances affording opportunity test merits ideas competition acceptance market public opinion clear present danger destruction life property invasion right privacy breach peace thought inherent activities every person approaches premises employer publicizes facts labor dispute involving latter finally emerges clear present danger cases working principle substantive evil must extremely serious degree imminence extremely high utterances punished cases purport mark furthermost constitutional boundaries protected expression recognize minimum compulsion bill rights first amendment speak equivocally prohibits law abridging freedom speech press must taken command broadest scope explicit language read context society allow thomas collins state statute requiring registration labor organizers held invalid applied case confronts us duty system places say individual freedom ends state power begins choice border always delicate perhaps usual presumption supporting legislation balanced preferred place given scheme great indispensable democratic freedoms secured first amendment cf schneider state cantwell connecticut prince massachusetts priority gives liberties sanctity sanction permitting dubious intrusions character right limitation determines standard governs choice compare carolene products reasons attempt restrict liberties must justified clear public interest threatened doubtfully remotely clear present danger rational connection remedy provided evil curbed contexts might support legislation attack due process grounds suffice rights rest firmer foundation accordingly whatever occasion restrain orderly discussion persuasion appropriate time place must clear support public danger actual impending gravest abuses endangering paramount interests give occasion permissible limitation giboney empire storage injunction picketing upheld clear danger imminent immediate unless restrained appellants succeed making state policy restraints trade dead letter insofar purchases nonunion men concerned terminiello chicago conviction disorderly conduct reversed speech often provocative challenging may strike prejudices preconceptions profound unsettling effects presses acceptance idea freedom speech though absolute chaplinsky new hampshire supra nevertheless protected censorship punishment unless shown likely produce clear present danger serious substantive evil rises far public inconvenience annoyance unrest see bridges california craig harney room constitution restrictive view alternative lead standardization ideas either legislatures courts dominant political community groups american communications assn douds affidavit provision act upheld speech may fought speech falsehoods fallacies must exposed suppressed unless sufficient time avert evil consequences noxious doctrine argument education command first amendment first amendment requires one permitted believe requires one permitted advocate unless clear present danger substantial public evil result therefrom mass part art xvi see duniway freedom press massachusetts pa art ix del art general assembly virginia passed statute december directed establishment government separate independent government virginia within limits thereof unless act legislature commonwealth purpose first obtained statute provided every person shall writing advised speaking endeavour instigate people commonwealth erect establish government without assent aforesaid shall adjudged guilty high crime misdemeanor code cxxxvi letter abigail adams dated september jefferson said reference sedition act opinion unconstitutionality consequent nullity law remove restraint overwhelming torrent slander confounding vice virtue truth falsehood us power fully possessed several state legislatures reserved denied general government constitution according construction deny congress right controul freedom press ever asserted right exclusive right sedition act july directed two types conduct section made criminal offense conspire impede operation law counsel advise attempt procure insurrection riot unlawful assembly combination section provided person shall write print utter publish shall cause procure written printed uttered published shall knowingly willingly assist aid writing printing uttering publishing false scandalous malicious writing writings government either house congress president intent defame said government either house said congress said president bring either contempt disrepute excite either hatred good people stir sedition within excite unlawful combinations therein opposing resisting law act president done pursuance law powers vested constitution resist oppose defeat law act aid encourage abet hostile designs foreign nation people government person thereof convicted jurisdiction thereof shall punished fine exceeding two thousand dollars imprisonment exceeding two years stat professor alexander meiklejohn leading exponent absolutist interpretation first amendment recognizing certain forms speech require regulation excludes forms expression entirely protection accorded amendment constitutional status merchant advertising wares paid lobbyist fighting advantage client utterly different citizen planning general welfare meiklejohn free speech radio operates among us free entitled protection first amendment engaged task enlarging enriching human communication engaged making money id professor meiklejohn even suggests scholarship may require subvention control longer entitled protection first amendment see id professor chafee review meiklejohn book harv rev subjected position trenchant comment hartzel reversed conviction wilfully causing insubordination military forces ground intent required statute shown added second element necessary conviction consisting clear present danger activities question bring substantive evils congress right prevent schenck elements must proved government beyond reasonable doubt passages responsible attributing principle imminence apprehended evil necessary conviction cases collected appendix opinion post useful purpose served considering decisions treated challenged regulation though imposed real restraint speech press associated press labor board valentine chrestensen railway express agency new york lewis publishing morgan recognized restrictions speech involved ex rel milwaukee publishing burleson gilbert minnesota decisions raised issues different presented need considered detail decisions stromberg california winters new york turned indefiniteness statutes act also requires officer union using services national labor relations board take oath believe member supports organization believes teaches overthrow government force illegal unconstitutional methods divided validity requirement test oaths raise special problems decisions validity directly helpful see west virginia board education barnette burns adds nothing decision whitney california herndon georgia opinion concerned solely question procedure justice brandeis justice stone justice cardozo however thought problem gitlow new york raised see see testimony director federal bureau investigation hearings house committee activities part report royal commission investigate communication secret confidential information agents foreign power june appears little reliable evidence demonstrating directly communist party country recruited persons willing engage espionage unlawful activity behalf soviet union defection soviet diplomatic employee however led careful investigation espionage network canada disclosed effectiveness canadian communist party conditioning members disclose soviet agents vital information secret character according report royal commission investigating network conspiratorial characteristics party similar shown evidence us instrumental developing necessary motivation cooperate espionage see pp report communist background klaus fuchs brought proceedings see london times mar see american communications assn douds former senator robert la follette reported experience infiltration communist sympathizers congressional committee staffs collier immigration laws require instance exclusion deportation aliens advocate overthrow government force violence declare ineligible naturalization aliens members organizations advocating act stat act stat act stat hatch act prohibits employment government agency members organizations advocating overthrow constitutional form government act stat supp iii voorhis act passed require registration organizations subject foreign control engage political activity stat act contains section designed exclude communists positions leadership labor organizations act june stat supp iii recently mccarran act requires registration organizations act stat justice jackson concurring prosecution latest never successful quests legal formula secure existing order revolutionary radicalism requires us reappraise light times conditions constitutional doctrines devised circumstances strike balance authority liberty activity charged criminal conspiracy defendants conspired teach advocate organize communist party teach advocate overthrow destruction government force violence charge actual violence attempt overthrow principal reliance defense conviction stand constitution conspiracy defendants presents clear present danger imminent foreseeable overthrow statute us repeats pattern originally devised combat wave anarchistic terrorism plagued country turn century lags least two generations behind communist party techniques anarchism taught philosophy extreme individualism hostility government property avowed aim order achieved violent destruction government anarchism sporadic uncoordinated acts terror integrated effective revolutionary machine chicago haymarket riots attempted murder industrialist frick attacks state officials assassination president mckinley fruits preaching however extreme individualism conducive cohesive disciplined organization anarchism fell disfavor among incendiary radicals many shifted allegiance rising communist party meanwhile europe anarchism displaced bolshevism doctrine strategy social political upheaval led intellectuals hardened revolutionary experience sophisticated dynamic realistic movement establishing base soviet union founded aggressive international communist apparatus modeled directed revolutionary movement able harass country seized control dozen countries communism antithesis anarchism appears today closed system thought representing stalin version lenin version marxism ideology one spontaneous protest arising american experience complicated system assumptions based european history conditions shrouded obscure ambiguous vocabulary allures ultrasophisticated intelligentsia working people time time champions manner causes grievances makes alliances may add foothold government embarrass authorities communist party nevertheless seek strength primarily numbers aim relatively small party whose strength selected dedicated indoctrinated rigidly disciplined members established policy tolerates deviation debate seeks members may secreted strategic posts transportation communications industry government especially labor unions compel employers accept retain members also seeks infiltrate control organizations professional groups placements positions power seeks leverage society make power coercion lacks power persuasion communists scruples sabotage terrorism assassination mob disorder violence anarchists end communist party advocates force prudent profitable strategy stealth precludes premature uncoordinated outbursts violence except course blame placed shoulders resort violence truth principle expedient force violence resort may never necessary infiltration deception may enough force utilized communist party destroy government capture communist recognizes established government control modern technology overthrown force ready fall weight concerted uprising therefore await contingency revolution seen sudden episode consummation long process fortunately experienced communism preparatory stages pattern final action must look abroad russia course pilot communist revolution marxist confirms party assumptions points destiny communist technique overturn free government disclosed coup seized power czechoslovakia communist party preparatory stage claimed received protection freedoms speech press assembly pretending another political party eventually conceded participation government entrenched reliable members chiefly control police information services government faced foreign domestic crisis communist party established leverage strong enough threaten civil war period confusion communist plan unfolded underground organization came surface throughout country form chiefly labor action committees communist officers unions took transportation allowed persons party permits travel communist printers took newspapers radio put versions events possession taken telegraph telephone systems communications cut wherever directed party heads communist unions took factories cities partisan distribution food managed communist organization virtually bloodless abdication elected government admitted communists power whereupon instituted reign oppression terror ruthlessly denied others freedoms sheltered conspiracy ii foregoing enough indicate either accident design communist stratagem outwits pattern statute aimed overthrow force violence qualified doctrine clear present danger accomplishing result sustain prosecution clear present danger test innovation justice holmes schenck case reiterated refined justice brandeis later cases arising era world war ii revealed subtlety efficacy modernized revolutionary techniques used totalitarian parties cases faced convictions criminal syndicalism statutes aimed anarchists loosely construed applied punish socialism pacifism ideologies charges often resting farfetched inferences true establish technical trivial violations proposed clear present danger test sufficiency evidence particular cases save unmodified application rule reason kind case devised issue criminality speech street corner circulation incendiary pamphlets parading zealots behind red flag refusal handful school children salute flag beyond capacity judicial process gather comprehend weigh necessary materials decision whether clear present danger substantive evil harmless letting steam prophecy danger cases matured time trial never present test applies meaning conviction sought based speech writing directly explicitly advocate crime tendency sought attributed construction implication external circumstances formula cases favors freedoms vital society even sometimes applied generously consequences grave recent expansion extended particular communists unprecedented immunities unless hold government captive verbal trap must approach problem conspiracy described realistically predecessors faced trivialities prosecuted checked rule reason think reason lacking applying test case must decide act application constitutional convinced petitioner conduct creates clear present danger violent overthrow must appraise imponderables including international national phenomena baffle best informed foreign offices experienced politicians foresee predict effectiveness communist propaganda opportunities infiltration whether time come consider propitious action whether fast existing government deteriorate speculate whether approaching communist coup anticipated nationalistic fascist movement doctrine sound whose application requires us make prophecy sort guise legal decision judicial process simply adequate trial issues answers given reflect political predilections nothing authors clear present danger test never applied case like applied proposed means communist plotting protected period incubation preliminary stages organization preparation immune law government move imminent action manifest course late iii highest degree constitutional protection due individual acting without conspiracy even individual claim constitution protects advocating teaching overthrow government force violence suppose one doubt congress power make attempted overthrow crime contention one constitutional right work public desire crime attempt think direct incitement speech writing made crime think conviction without also proving odds favored success extremely high ratio names justice holmes justice brandeis associated doctrine governmental disability schenck case set forth clear present danger test joined words justice holmes spoken unanimous first amendment prohibiting legislation free speech obviously intended give immunity every possible use language robertson baldwin venture believe neither hamilton madison competent person later ever supposed make criminal counselling murder within jurisdiction congress unconstitutional interference free speech frohwerk aptly stated judge learned hand masses publishing patten one may counsel advise others violate law stands words keys persuasion triggers action purport counsel violation law latitude interpretation part public opinion final source government democratic state course always easy distinguish teaching advocacy sense incitement teaching advocacy sense exposition explanation question fact case iv really review conviction conspiracy trial conspiracy indictment charging conspiracy brought statute outlawing conspiracy due respect colleagues seem discuss anything sun except law conspiracy one dissenting opinions even appears chide invoking law conspiracy case us may amazing reversal proposed without even considering law conspiracy constitution make conspiracy civil right never done think conspiracies labor unions trade associations news agencies condemned although accomplished evidenced carried like conspiracy chiefly meetings speeches organization indeed seems particularly cases conspiracy economic ends applying doctrines increasing severity consider criminal conspiracy dragnet device capable perversion instrument injustice hands partisan complacent judiciary established place system law reason appears applying concerted action claimed disturb interstate commerce withholding claimed undermine whole government basic rationale law conspiracy conspiracy may evil independently evil seeks accomplish thus recently held pinkerton long consistently recognized commission substantive offense conspiracy commit separate distinct offenses power congress separate two affix different penalty well established plea double jeopardy defense conviction offenses far doctrine reach well settled congress may make crime conspire others individual may lawfully principle illustrated conspiracies violate antitrust laws sustained applied although one may raise prices products many acting without concert may moment conspire end punishable principle applied organized labor workman may quit work reason concerted actions end circumstances forbidden national labor relations act amended stat reasons underlying doctrine conspiracy may substantive evil apart evil may threaten attempt accomplish peculiarly appropriate conspiratorial communism reason finding criminal liability case combination effect unlawful end use unlawful means none exist even though act contemplated actually committed individual combination persons commit wrong either end means end much dangerous increased power wrong difficult guard prevent evil designs group persons single person terror fear combination tends create minds people shorter answer overt act need required antitrust cases early upheld power congress adopt ancient common law makes conspiracy crime justice holmes said coming next objection overt act laid answer sherman act punishes conspiracies aimed common law footing say make act act conspiring condition liability nash reiterated oil supposed power congress protect nation existence limited power protect interstate commerce also urged since conviction conspiracy teach advocate organize communist party teach advocate first amendment violated freedoms speech press protect teaching advocacy regardless taught advocated never thought law suggest congress punish conspiracy advocate something may punish advocacy exposition doctrine communal property ownership political philosophy unassociated advocacy imposition force seizure government unlawful means reached conspiracy prosecution forbidden put force violence forbidden punish teaching advocacy end punishable doubt power punish conspiracy purpose defense freedom speech press often raised conspiracy cases whether committed communists businessmen common criminals usually consists words written spoken evidenced letters conversations speeches documents communication essence every conspiracy common purpose concert action brought proved however labor unions raised defense free speech conspiracy charge unanimously said rarely suggested constitutional freedom speech press extends immunity speech writing used integral part conduct violation valid criminal statute reject contention true agreements course conduct instances brought speaking writing never deemed abridgment freedom speech press make course conduct illegal merely conduct part initiated evidenced carried means language either spoken written printed expansive interpretation constitutional guaranties speech press make practically impossible ever enforce laws agreements restraint trade well many agreements conspiracies deemed injurious society giboney empire storage ice conspiracy cases dispensed proof clear present danger even power create danger long settled however conspiracy commit crime different offense crime object conspiracy petitioners example might convicted conspiracy monopolize without ever acquired power carry object conspiracy american tobacco held conspiracy alone crime consummation another weird legal reasoning hold congress punish one clear present danger second compel government prove two crimes order convict one constitutional provisions written chief forces recognized antagonists struggle authority liberty government one hand individual citizen thought state kept place individual take care recent times problems complicated intervention state citizen permanently organized semisecret highly disciplined political organizations totalitarian groups abroad perfected technique creating private paramilitary organizations coerce public government citizens organizations assert government constitutional rights immunities individuals time exercise followers much authority deny government communist party realistically state within state authoritarian dictatorship within republic demands freedoms members organized party denies members time freedom dissent debate deviate party line enforces authoritarian rule crude purges nothing violent law conspiracy chief means government disposal deal growing problems created organizations happen think awkward inept remedy find constitutional authority taking weapon government constitutional right gang government think power congress enact statute applied case held unconstitutional add little faith effectiveness conviction stop rise communist movement communism go jail communists decision forestall revolution whenever existing government fails command respect loyalty people sufficient distress discontent allowed grow among masses many failures fallen governments attest government long prevent revolution outlawry corruption ineptitude inflation oppressive taxation militarization injustice loss leadership capable intellectual initiative domestic foreign affairs allies communists count bring opportunity knocking door sometimes think may mistaken communists building today rest us might profit example government summary charge indictment charged april date indictment petitioners unlawfully wilfully knowingly conspired persons unknown grand jury organize communist party america society group assembly persons teach advocate overthrow destruction government force violence knowingly wilfully advocate teach duty necessity overthrowing destroying government force violence indictment alleged section smith act proscribes acts conspiracy take action violation section act government says act us modeled new york act sustained gitlow new york turn pointed followed earlier new york act shortly assassination president mckinley anarchist congress adopted concepts immigration act march stat germs concept found reconstruction legislation enforcement act stat espionage act stat tit gave rise series decisions applied war defined criminal false statements intent interfere war effort cause insubordination armed forces obstruct recruiting however wave criminal syndicalism statutes enacted generally upheld whitney california prosecutions active california alone indictments returned persons convicted encyc soc sci smith act followed closely terminology designed incriminate methods terroristic anarchism elementary texts amplify theory practice movements must greatly oversimplified opinion see anarchism encyc soc sci nihilism encyc soc sci spies illinois prof beard demonstrates antithesis quoting russian anarchist leader bakunin follows marx authoritarian centralizing communist wishes wish complete triumph economic social equality however within state power state dictatorship strong speak despotic provisional government negation liberty economic ideal state sole owner land capital tilling soil means agricultural associations management engineers directing agency capital industrial commercial associations demand triumph economic social equality abolition state everything called juridical right according view permanent negation human right wish reconstruction society establishment unity mankind downward authority socialistic officials engineers public technicians upward voluntary federation labor associations kinds emancipated entirely yoke state beard individualism capitalism encyc soc sci methods objects infiltration labor unions see american communications assn douds czar government february literally gave almost without violence provisional government ready fall apart corruption ineptitude superstition oppression defeat revolutionary parties little regarded bourgeoisie triumph lenin exile switzerland trotsky stalin siberia provisional government attempted continue war germany unable solve internal problems galician campaign failed heavy losses october prestige influence sank low continue meanwhile lenin trotsky returned consolidated bolshevik position around soviets trade unions simply took power almost bloodless revolution october november lenin trotsky represented minority demonstrated november elections bolsheviks secured less quarter seats began series opportunistic movements entrench power faced invasion allies counterrevolution attempted assassination lenin terrorism resorted large scale devices czar police state reestablished see carr bolshevik revolution moore soviet politics dilemma power duchacek strategy communist infiltration czechoslovakia world politics vol ii april february coup czechoslovakia july see also kertesz methods communist conquest hungary october lasswell strategy soviet propaganda acad pol sci proc see also friedman czech democracy schenck doctrine attacked one annuls significant purpose first amendment destroys intellectual basis plan meiklejohn free speech relation praised concept freedom speech received first time authoritative judicial interpretation accord purpose framers constitution chafee free speech either event original judicial thought subject later cases made extensions application agree means something important two seem agree see concurring opinion justice frankfurter kovacs cooper gitlow new york whitney california holmes comment former letters sir frederick pollock june case conscience judgment little doubt description dissent one favor rights anarchist talk drool favor proletarian dictatorship show tentative nature test even applied trivial case letters howe ed characterized justice brandeis schaefer recent cases pushed clear present danger doctrine greater extremes justice brandeis said evil feared must imminent relatively serious whitney california recently required substantive evil must extremely serious degree imminence extremely high utterances punished bridges california italics supplied schneiderman overruled earlier holdings courts take judicial notice communist party advocate overthrow government force violence reviewed much basic communist literature us held within area allowable thought show lack attachment constitution success communist party necessarily mean end representative government declared tenable conclusion foregoing party desired achieve purpose peaceful democratic means theoretical matter justified use force violence method preventing attempted forcible party obtained control peaceful manner method last resort enforce majority indefinite future time peculiar circumstances constitutional peaceful channels longer open moreover considered mere doctrinal justification prediction use force hypothetical conditions indefinite future time prediction calculated intended presently acted upon within realm free speech dissent chief justice stone justices roberts frankfurter challenged naive conclusions bridges wixon set aside attorney general deportation order justice murphy without majority decision speaking concurring opinion pronounced whole deportation statute unconstitutional applied communists clear present danger test slightest evidence introduced show either bridges communist party seriously imminently threatens uproot government force violence dangers fully set krulewitch miller criminal law similar reasons reiterated rabinowich pinkerton defendants benefit far case doubts confusions afforded attempts apply clear present danger doctrine think proper application case efforts response contentions favored rather prejudiced call reversal account pathetically ineffective efforts free european overcome feebleness executive decomposition legislative branches government legal proscriptions reviewed loewenstein legislative control political extremism european democracies rev nazi party seizure power germany occurred communist counterpart sentence illegality courts weimar republic german criminal code struck directly disciplinary system totalitarian parties provided participation organization existence constitution purposes kept secret government obedience unknown superiors unconditional obedience known superiors pledged punishable imprisonment six months members one month one year founders officers public officials may deprived right hold public office period one five years nazi conspiracy aggression gpo justice black dissenting breard alexandria post decided day basic disagreement explain reconcile said prior decisions springs fundamental difference constitutional approach consequently serve useful purpose state position length outset want emphasize crime involved case petitioners charged attempt overthrow government charged overt acts kind designed overthrow government even charged saying anything writing anything designed overthrow government charge agreed assemble talk publish certain ideas later date indictment conspired organize communist party use speech newspapers publications future teach advocate forcible overthrow government matter worded virulent form prior censorship speech press believe first amendment forbids hold smith act authorizing prior restraint unconstitutional face applied let us assume contrary constitutional ideas fair criminal procedure petitioners although indicted crime actual advocacy may punished even radical assumption opinions case show way affirm convictions repudiate directly indirectly established clear present danger rule way greatly restricts protections afforded first amendment opinions affirmance indicate chief reason jettisoning rule expressed fear advocacy communist doctrine endangers safety republic undoubtedly governmental policy unfettered communication ideas entail dangers founders nation however benefits derived free expression worth risk embodied philosophy first amendment command congress shall make law abridging freedom speech press always believed first amendment keystone government freedoms guarantees provide best insurance destruction freedom least speech realm public matters believe clear present danger test mark furthermost constitutional boundaries protected expression recognize minimum compulsion bill rights bridges california long exercises power judicial review legislation agree first amendment permits us sustain laws suppressing freedom speech press basis congress notions mere reasonableness doctrine waters first amendment amounts little admonition congress amendment construed likely protect safe orthodox views rarely need protection must also express objection holding justice douglas dissent shows sanctions determination crucial issue fact judge rather jury let opportunity pass without expressing objection severely limited grant certiorari case precluded consideration least two reasons reversing convictions record shows discriminatory selection jury panel prevented trial representative community record shows one member trial jury violently hostile petitioners trial public opinion protest conviction communist petitioners hope however calmer times present pressures passions fears subside later restore first amendment liberties high preferred place belong free society justice douglas dissenting case claimed protection first amendment teaching techniques sabotage assassination president filching documents public files planting bombs art street warfare like doubts freedom speak absolute teaching methods terror seditious conduct beyond pale along obscenity immorality case argued facts argument imported much seditious conduct record easy popular appeal activities communists plotting scheming free world common knowledge fact evidence introduced trial statute makes seditious conspiracy unlawful petitioners however charged conspiracy overthrow government charged conspiracy form party groups assemblies people teach advocate overthrow government force violence conspiracy advocate teach overthrow force violence may well indoctrination techniques terror destroy government indictable either statute teaching condemned different character far present record concerned petitioners organize people teach teach doctrine contained chiefly four books stalin foundations leninism marx engels manifesto communist party lenin state revolution history communist party soviet union books soviet communism mein kampf nazism understood ugliness communism revealed deceit cunning exposed nature activities becomes apparent chances success less likely course reason petitioners chose books classrooms fervent communists volumes gospel preached creed hope day acted upon opinion outlaw texts condemn fire communists literature offensive creed books outlawed lawfully remain library shelves reasoning use classroom become crime crime act introduce books class though teaching creed violent overthrow government act construed requires element intent teach creed believe crime depends taught teacher make freedom speech turn said intent said start road enter territory dangerous liberties every citizen time england concept constructive treason flourished men punished raising hand king thinking murderous thoughts framers constitution alive abuse took steps see practice flourish treason defined require overt acts evolution plot country actual project present case one treason analogy close illegality made turn intent nature act start probing men minds motive purpose become entangled law thought get convicted said purpose said intent course often makes difference law act otherwise excusable carrying minor penalties may grow abhorrent thing evil intent present deal however ordinary acts speech constitution given special sanction vice treating speech equivalent overt acts treasonable seditious character emphasized concurring opinion invoking law conspiracy makes speech service deeds dangerous society doctrine conspiracy served divers oppressive purposes broad reach made great evil never today anyone seriously thought ancient law conspiracy constitutionally used turn speech seditious conduct yet precisely suggested repeat deal speech alone speech plus acts sabotage unlawful conduct single seditious act charged indictment make lawful speech unlawful two men conceive raise law conspiracy appalling proportions course make radical break past violate one cardinal principles constitutional scheme free speech occupied exalted position high service given society protection essential existence democracy airing ideas releases pressures otherwise might become destructive ideas compete market acceptance full free discussion exposes false gain adherents full free discussion even ideas hate encourages testing prejudices preconceptions full free discussion keeps society becoming stagnant unprepared stresses strains work tear civilizations apart full free discussion indeed first article faith founded political system safeguard every religious political philosophical economic racial group amongst us counted keep us embracing cheap false trusted common sense people choose doctrine true genius reject rest one single outstanding tenet made institutions symbol freedom equality deemed costly liberty suppress despised minority let vent spleen else feared political censor wanted land people exposed diverse creeds cultures world comes time even speech loses constitutional immunity speech innocuous one year may another time fan destructive flames must halted interests safety republic meaning clear present danger test conditions critical time avoid evil speech threatens time call halt otherwise free speech strength nation cause destruction yet free speech rule exception restraint constitutional must based fear passionate opposition speech revolted dislike contents must immediate injury society likely speech allowed classic statement conditions made justice brandeis concurring opinion whitney california fear serious injury alone justify suppression free speech assembly men feared witches burnt women function speech free men bondage irrational fears justify suppression free speech must reasonable ground fear serious evil result free speech practiced must reasonable ground believe danger apprehended imminent must reasonable ground believe evil prevented serious one every denunciation existing law tends measure increase probability violation condonation breach enhances probability expressions approval add probability propagation criminal state mind teaching syndicalism increases advocacy heightens still even advocacy violation however reprehensible morally justification denying free speech advocacy falls short incitement nothing indicate advocacy immediately acted wide difference advocacy incitement preparation attempt assembling conspiracy must borne mind order support finding clear present danger must shown either immediate serious violence expected advocated past conduct furnished reason believe advocacy contemplated independence revolution cowards fear political change exalt order cost liberty courageous men confidence power free fearless reasoning applied processes popular government danger flowing speech deemed clear present unless incidence evil apprehended imminent may befall opportunity full discussion time expose discussion falsehood fallacies avert evil processes education remedy applied speech enforced silence italics added yet whether question one jury evidence record issue record however contains evidence whatsoever showing acts charged teaching soviet theory revolution hope realized created clear present danger nation however rules contrary says formation petitioners highly organized conspiracy rigidly disciplined members subject call leaders petitioners felt time come action coupled inflammable nature world conditions similar uprisings countries nature relations countries petitioners least ideologically attuned convince us convictions justified score ruling view responsive issue case might well say speech petitioners outlawed soviet russia red army threat world peace nature communism force world scene course relevant issue clear present danger petitioners advocacy within primary consideration strength tactical position petitioners converts country evidence record take judicial notice threat communists within nation difficult conclude political party little consequence communists country never made respectable serious showing election doubt village let alone city county state communists carry communism world scene bogeyman communism political faction party country plainly communism thoroughly exposed country crippled political force free speech destroyed effective political party inconceivable went country preaching doctrine revolution petitioners espouse success days trouble confusion bread lines long unemployed walked streets people starving advocates revolution might chance gain adherents today conditions country despair people know soviet communism doctrine soviet revolution exposed ugliness american people want none said clear present danger advocacy succeed therefore mystery nations less resilient illiteracy high democratic traditions budding might take drastic steps jail men merely speaking creed america miserable merchants unwanted ideas wares remain unsold fact ideas abhorrent make powerful political impotence communists country course dispose problem numbers positions industry government extent fact infiltrated police armed services transportation stevedoring power plants munitions works critical places facts bear likelihood advocacy soviet theory revolution endanger republic record silent facts proceed basis judicial notice impossible say communists country potent strategically deployed must suppressed speech hold unless willing conclude activities recent years committees congress attorney general labor unions state legislatures loyalty boards futile leave country edge grave peril believe petitioners following placed critical positions endanger nation believe incredible safe say followers creed soviet communism known case war russia picked overnight prospective saboteurs commencement world war ii invisible army petitioners best known beset least thriving fifth column history held fear panic think otherwise view act basis judicial notice mere statement opposing views indicates important know facts act neither prejudice hate senseless fear basis solemn act free speech glory system government sacrificed anything less plain objective proof danger evil advocated imminent record one say petitioners converts strategic position even slightest chance achieving aims first amendment provides congress shall make law abridging freedom speech constitution provides exception mean however nation need hold hand weakened condition time protect incitement revolution seditious conduct always punished command first amendment clear allow congress call halt free speech except extreme case peril speech first amendment makes confidence common sense people maturity judgment great postulate democracy philosophy violence rarely ever stopped denying civil liberties advocating resort force first amendment reflects philosophy jefferson time enough rightful purposes civil government officers interfere principles break overt acts peace good order political censor place public debates unless extreme necessitous circumstances shown aim keep speech unfettered allow processes law invoked provocateurs among us move speech action vishinsky wrote law soviet state state naturally place freedom speech press foes socialism concern accept standard faith people never give support advocates revolution long remain loyal purposes nation founded appendix opinion justice douglas cases may deemed relevant problem classified follows convictions contempt near minnesota bridges california thomas collins pennekamp florida craig harney convictions state courts sitting without juries generally violations local ordinances lovell griffin schneider state cantwell connecticut marsh alabama tucker texas winters new york saia new york kovacs cooper kunz new york feiner new york injunctions enforcement state local laws grosjean american press hague minersville school district gobitis west virginia board education barnette administrative proceedings bridges wixon schneiderman american communications association douds cases tried juries violations state laws directed advocacy anarchy criminal syndicalism etc gilbert minnesota gitlow new york whitney california fiske kansas stromberg california de jonge oregon herndon lowry taylor mississippi minor local offenses cox new hampshire chaplinsky new hampshire terminiello chicago niemotko maryland federal prosecutions juries espionage act following world war schenck frohwerk debs abrams schaefer pierce pierce ruled question clear present danger jury cases group question whether issue jury raised passed upon federal prosecution jury espionage act following world war ii hartzel jury instructed clear present danger terms drawn language justice holmes schenck supra reversed conviction ground sufficient evidence submission case jury provides two persons state territory place subject jurisdiction conspire overthrow put destroy force government levy war oppose force authority thereof force prevent hinder delay execution law force seize take possess property contrary authority thereof shall fined imprisoned six years stat books taught stalin problems leninism strategy tactics world communism doc sess program communist international cases reached analyzed appendix attached opinion post hening stat virginia whipple ancient liberties idea limit freedom speech press set actual overt act new asserted long line distinguished thinkers including john locke montesquieu spirit laws words constitute overt act rev phillip furneaux james madison thomas jefferson