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" These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to... "
Freedom of the Press: Hearing Before the Subcommittee on Constitutional ... - Page 672
by United States. Congress. Senate. Committee on the Judiciary - 1972 - 1332 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 395

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1969 - 1082 pages
...press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action. Whitney v. California, 274 US 357, overruled. Reversed. Allen Brown argued the cause for appellant....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 395

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1969 - 1058 pages
...press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action. Whitney v. California, 274 US 357, overruled. Reversed. Allen Brown argued the cause for appellant....
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Genocide Convention: Hearings, Ninety-first Congress, Second Session, on ...

United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on the Genocide Convention - 1970 - 280 pages
...the last twenty years — that the First Amendment protects advocacy of law violation except "where such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action." The carefully drawn words of the Convention requiring "direct and public incitement" are thus...
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Working Papers of the National Commission on Reform of Federal ..., Volume 1

United States. National Commission on Reform of Federal Criminal Laws - 1970 - 798 pages
...do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except when such advocacy is directed to inciting or producing imminent lawless action and is likely to produce such action. (Emphasis added.) 8 In conformity with these holdings, proscription of advocacy...
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Reform of the Federal Criminal Laws: Hearings, Ninety-second Congress, First ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 412 pages
...do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except when such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action." The incitement section of S. 1 is a prescription for governmental tyranny. Under its loose...
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Hearings Regarding the Administration of the Subversive Activities ..., Part 2

United States. Congress. House. Committee on Internal Security - 1971 - 974 pages
...that advocacy of violence or the joining with others to do so could not be proscribed "except where such advocacy is directed to inciting or producing...lawless action and is likely to incite or produce such action." Id., at 447. Clearly the New York questions are not nearly so narrowly drawn. New York seeks...
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Reform of the Federal Criminal Laws: Hearings, Ninety-second Congress, First ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 528 pages
...stating: 78 The State, without running afoul of the First Amendment, has the right to punish one whose advocacy is directed to inciting or producing imminent...lawless action and is likely to incite or produce such action. NJSA 2A:148-10 is directed at such persons. It appears that "incitement" statutes are limited...
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Proposed Amendments to Internal Security Laws: Hearings Before the ...

United States. Congress. Senate. Judiciary - 1971 - 300 pages
...Smith Act fails to comply with the Brandenburg mandate that advocacy can be made criminal only where it is directed "to inciting or producing imminent lawless action and is likely to incite or produce such action." 395 US at 447 What Initially saved the Smith Act from early extinction was the hysteria of...
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Films and Broadcasts Demeaning Ethnic, Racial, Or Religious Groups--1971 ...

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Communications and Power - 1971 - 76 pages
...permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is Ukely to incite or produce such action. (Emphasis added) ' And in a related area, the case of New York...
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Freedom of the Press: Hearing, Ninety-second Congress, First and Second Sessions

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - 1972 - 1352 pages
...limiting these freedoms. Even the advocacy of law violation or the use of force may only be proscribt'.l when such advocacy is directed to inciting or producing...non-speech elements may be combined in the same course of conduct."-1 This requirement of an extraordinary government interest seems to be primarily a rhetorical...
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