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:
Phrase match: limits freedom of speech and freedom
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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:
Phrase match: the right of freedom of speech
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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:
Preferred Terms:
Phrase match: a right to prevent. It is
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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:
Phrase match: constitutional right to address meetings and
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk