Schenck v. U.S., and "Two of the strongest expressions are said to be quoted respectively from well-known public men"

Paul Horwitz phorwitz at hotmail.com
Wed Mar 9 10:09:56 PST 2005


The circular does contain two quotes, neither of them attributed, that might 
fit the (hand)bill: Thomas Paine's line, "These are the times that try men's 
souls," and Wendell Phillips' "Eternal vigilance is the price of liberty."

As I believe has been noted on the listserv before, there is a Web site that 
contains a variety of First Amendment "visual aids," including a PDF copy of 
the circular in Schenck.  See:

http://1stam.umn.edu/main/primary/primary.htm

Paul Horwitz
Associate Professor of Law
Southwestern University School of Law
Los Angeles, CA


>From: Paul Finkelman <paul-finkelman at utulsa.edu>
>Reply-To: paul-finkelman at utulsa.edu
>To: "Volokh, Eugene" <VOLOKH at law.ucla.edu>
>CC: conlawprof at lists.ucla.edu
>Subject: Re: Schenck v. U.S., and "Two of the strongest expressions are 
>said to be quoted	respectively from well-known public men"
>Date: Wed, 09 Mar 2005 11:44:27 -0600
>
>I have always assumed these were US Senators La Follette, who, according to 
>the American National Biography:  "voted against American entry into the 
>war, opposed conscription, and decried wartime restrictions on free speech 
>and freedom of the press, provoking widespread denunciation of him as 
>pro-German and unpatriotic."  There are a few others in the House and 
>Senate who took similar positions.
>
>Paul Finkelman
>--
>Paul Finkelman
>Chapman Distinguished Professor
>University of Tulsa College of Law
>3120 East 4th Place
>Tulsa, Oklahoma  74104-2499
>
>918-631-3706 (office)
>918-631-2194 (fax)
>
>paul-finkelman at utulsa.edu
>
>
>Volokh, Eugene wrote:
>>	In Schenck, Holmes writes, without citation, "But it is said,
>>suppose that that was the tendency of this circular, it is protected by
>>the First Amendment to the Constitution.  Two of the strongest
>>expressions are said to be quoted respectively from well-known public
>>men . . . ."  Could anyone quickly tell me who those public men were?
>>Inquiring minds want to know.  Many thanks,
>>
>>	Eugene
>>_______________________________________________
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>
>
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