Free Speech

Case - 301 U.S. 242

Parties: Herndon v. Lowry

Date: 1937-04-26

Identifiers:

Opinions:

Segment Sets:

Paragraph: 45 - The appellant had a constitutional right to address meetings and organize parties unless in so doing he violated some prohibition of a valid statute. The only prohibition he is said to have violated is that of section 56 forbidding incitement or attempted incitement to insurrection by violence. If the evidence fails to show that he did so incite, then, as applied to him, the statute unreasonably limits freedom of speech and freedom of assembly and violates the Fourteenth Amendment. We are of opinion that the requisite proof is lacking.

Notes:

Preferred Terms:

  • (is) addresing meetings
  • (is) political organizing

Phrase match: limits freedom of speech and freedom

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370426.301.US.242.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk

Paragraph: 46 - In these circumstances, to make membership in the party and solicitation of members for that party a criminal offense, punishable by death, in the discretion of a jury, is an unwarranted invasion of the right of freedom of speech.

Notes:

Preferred Terms:

  • (is) political party membership
  • (is) soliciting party members

Phrase match: the right of freedom of speech

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370426.301.US.242.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef

Paragraph: 35 - N10* 'The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree.'

Notes:

  • N10* / quote / endorsement / Q0004 /

Preferred Terms:

  • (is not) clear and present danger

Phrase match: a right to prevent. It is

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370426.301.US.242.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk

Paragraph: 45 - The appellant had a constitutional right to address meetings and organize parties unless in so doing he violated some prohibition of a valid statute. The only prohibition he is said to have violated is that of section 56 forbidding incitement or attempted incitement to insurrection by violence. If the evidence fails to show that he did so incite, then, as applied to him, the statute unreasonably limits freedom of speech and freedom of assembly and violates the Fourteenth Amendment.

Notes:

Preferred Terms:

  • (is) addressing meetings
  • (is not) incitement
  • (is) organizing parties

Phrase match: constitutional right to address meetings and

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1930s/19370426.301.US.242.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk