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| | Commentary Magazine - Does the Smith Act Threaten Our Liberties? (Site not responding. Last check: 2007-11-02) |
 | | THE Smith Act, and the judicial decisions on its constitutionality, are among the most discussed, and unread, of modern official documents. |
 | | ...Nonetheless, Justice Douglas, in his minority opinion on the Smith Act, in parting company with Holmes and Brandeis, denies that there is now a "clear and present danger" of violent revolution, and gives as his reason the further opinion that the Communist petitioners have not the "slightest chance of achieving their aims... |
 | | ...All the opinions on the Smith Act, except for the dissents of Justices Black and Douglas, recognize that the phrase "clear and present danger" is no mere shibboleth, and that its intelligent application requires an analysis of the particular situation involved... |
| www.commentarymagazine.com /Summaries/V15I1P69-1.htm (6549 words) |
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