Parties: Gilbert v. Minnesota
Date: 1920-12-13
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Paragraph: 20 - It is asserted that the right of free speech is a natural and inherent right, and that it, and the freedom of the press, 'were regarded as among the most sacred and vital possessed by mankind when this nation was born, when its Constitution was framed and adopted.' And the contention seems necessary for the plaintiff in error to support. But without so deciding or considering the freedom asserted as guaranteed or secured either by the Constitution of the United States or by the Constitution of the state, we pass immediately to the contention, and for the purposes of this case may concede it; that is, concede that the asserted freedom is natural and inherent, but it is not absolute; it is subject to restriction and limitation. And this we have decided. In Schenck v. United States, 249 U. S. 47, 52, 39 Sup. Ct. 247, 249, 63 L. Ed. 470, we distinguished times and occasions, and said that N60* 'the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic;'
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Phrase match: the freedom of the press, 'were
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Paragraph: 32 - The Minnesota statute was enacted during the World War; but it is not a war measure. The statute is said to have been enacted by the state under its police power to preserve the peace; but it is in fact an act to prevent teaching that the abolition of war is possible. Unlike the federal Espionage Act of June 15, 1917, c. 30, 40 Stat. 217, 219 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 10212a-10212h), it applies equally whether the United States is at peace or at war. It abridges freedom of speech and of the press, not in a particular emergency, in order to avert a clear and present danger, but under all circumstances. The restriction imposed relates to the teaching of the doctrine of pacifism, and the Legislature in effect proscribes it for all time. The statute does not in terms prohibit the teaching of the doctrine. Its prohibition is more specific and is directed against the teaching of certain applications of it. This specification operates, as will be seen, rather to extend, than to limit, the scope of the prohibition.
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Phrase match: abridges freedom of speech and of
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Paragraph: 34 - it is said that the guaranty against abridging freedom of speech contained in the First Amendment of the federal Constitution applies only to federal action; that the legislation here complained of is that of a state; that the validity of the statute has been sustained by its highest court as a police measure; that the matter is one of state concern; and that consequently this court cannot interfere. But the matter is not one merely of state concern. The state law affects directly the functions of the federal government. It affects rights, privileges, and immunities of one who is a citizen of the United States; and it deprives him of an important part of his liberty. These are rights which are guaranteed protection by the federal Constitution; and they are invaded by the statute in question.
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Phrase match: abridging freedom of speech contained in
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Paragraph: 20 - The next contention is that the statute is violative of the right of free speech, and therefore void. It is asserted that the right of free speech is a natural and inherent right, and that it, and the freedom of the press, 'were regarded as among the most sacred and vital possessed by mankind when this nation was born, when its Constitution was framed and adopted.' And the contention seems necessary for the plaintiff in error to support. But without so deciding or considering the freedom asserted as guaranteed or secured either by the Constitution of the United States or by the Constitution of the state, we pass immediately to the contention, and for the purposes of this case may concede it; that is, concede that the asserted freedom is natural and inherent, but it is not absolute; it is subject to restriction and limitation. And this we have decided. In Schenck v. United States, 249 U. S. 47, 52, 39 Sup. Ct. 247, 249, 63 L. Ed. 470, we distinguished times and occasions, and said that N1* 'the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic;'
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Phrase match: the right of free speech, and
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Paragraph: 25 - Gilbert's speech had the purpose they denounce. The nation was at war with Germany, armies were recruiting, and the speech was the discouragement of that—its purpose was necessarily the discouragement of that. It was not an advocacy of policies or a censure of actions that a citizen had the right to make. The war was flagrant; it had been declared by the power constituted by the Constitution to declare it, and in the manner provided for by the Constitution. It was not declared in aggression, but in defense, in defense of our national honor, in vindication of the 'most sacred rights of our nation and our people.'
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Phrase match: the right to make. The war
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Paragraph: 36 - The right to speak freely concerning functions of the federal government is a privilege or immunity of every citizen of the United States which, even before the adoption of the Fourteenth Amendment, a state was powerless to curtail.
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Phrase match: The right to speak freely concerning
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Paragraph: 34 - But it is said that the guaranty against abridging freedom of speech contained in the First Amendment of the federal Constitution applies only to federal action; that the legislation here complained of is that of a state; that the validity of the statute has been sustained by its highest court as a police measure; that the matter is one of state concern; and that consequently this court cannot interfere. But the matter is not one merely of state concern. The state law affects directly the functions of the federal government. It affects rights, privileges, and immunities of one who is a citizen of the United States; and it deprives him of an important part of his liberty. These are rights which are guaranteed protection by the federal Constitution; and they are invaded by the statute in question.
Notes:
Preferred Terms:
Phrase match: freedom of speech contained in the
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