It is the function of speech to free men from the bondage of irrational fears. On the basis of the instructions, the jury found, for the purpose of our review, that the advocacy which the defendants conspired to promote was to be a rule of action, by language reasonably calculated to incite persons to such action, and was intended to cause the overthrow of the Government by force and violence as soon as circumstances permit. The constitutional power to act upon this basic principle has been recognized by this Court at different periods and under diverse circumstances. Advocacy of law-breaking heightens it still further. We see no difference, from the standpoint of vagueness, whether the standard of 'clear and present danger' is one contained in haec verba within the statute, or whether it is the judicial measure of constitutional applicability. 'Whether the printed words would in fact produce as a proximate result a material interference with the recruiting or enlistment service, or the operation or success of the forces of the United States, was a question for the jury to decide in view of all the circumstances of the time and considering the place and manner of distribution.' Our whole history proves even more decisively than the course of decisions in this Court that the United States has the powers inseparable from a sovereign nation. The airing of ideas releases pressures which otherwise might become destructive.
Much that should be rejected as illiberal, because repressive and envenoming, may well be not unconstitutional. 'Security against foreign danger,' wrote Madison, 'is one of the primitive objects of civil society.' The history of civilization is in considerable measure the displacement of error which once held sway as official truth by beliefs which in turn have yielded to other truths.

In that case Justice Brandeis pointed out that the defendant could have made the existence of the requisite danger the important issue at her trial, but that she had not done so. It says, 'The formation by petitioners of such a highly organized conspiracy, with rigidly disciplined members subject to call when the leaders, these petitioners, felt that the time had come for action, coupled with the inflammable nature of world conditions, similar uprisings in other countries, and the touch-and-go nature of our relations with countries with whom petitioners were in the very least ideologically attuned, convince us that their convictions were justified on this score.
Doctrine et alliances est un livre d’Écritures contenant des révélations du Seigneur à Joseph Smith, le prophète, et à quelques autres prophètes modernes. 'Section 2(a)(1) makes it unlawful 'to knowingly or willfully advocate, * * * or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence * * *. 20—54; Lasswell, the Strategy of Soviet Propaganda, 24 Acad.Pol.Sci.Proc. Doctrine et Alliances 95. Congress has determined that the danger created by advocacy of overthrow justifies the ensuing restriction on freedom of speech. Freund, On Understanding the Supreme Court 27—28.It is a familiar experience in the law that new situations do not fit neatly into legal conceptions that arose under different circumstances to satisfy different needs. We hold that the statute requires as an essential element of the crime proof of the intent of those who are charged with its violation to overthrow the Government by force and violence. Concerted uprising, therefore, is to await that contingency and revolution is seen, not as a sudden episode, but as the consummation of a long process.The United States, fortunately, has experienced Communism only in its preparatory stages and for its pattern of final action must look abroad. Our duty to abstain from confounding policy with constitutionality demands perceptive humility as well as self-restraint in not declaring unconstitutional what in a judge's private judgment is deemed unwise and even dangerous.Even when moving strictly within the limits of constitutional adjudication, judges are concerned with issues that may be said to involve vital finalities.

Fiske v. State of Kansas, The other two decisions go no further than to hold that the statute as construed by the State courts exceeded the bounds of a legislative judgment founded in reason. It was reserved to them, and was denied to the general government, by the constitution according to our construction of it. That is to make freedom of speech turn not on what is said, but on the intent with which it is said. It is a sobering fact that in sustaining the convictions before us we can hardly escape restriction on the interchange of ideas.We must not overlook the value of that interchange. * * *'* * * It is true that the agreements and course of conduct here were as in most instances brought about through speaking or writing. These immediate interests exercise a kind of hydraulic pressure which makes what previously was clear seem doubtful, and before which even well settled principles of law will bend.' Suppressing advocates of overthrow inevitably will also silence critics who do not advocate overthrow but fear that their criticism may be so construed. The cases involving a conflict between the interest in allowing free expression of ideas in public places and the interest in protection of the public peace and the primary uses of streets and parks, were too recently considered to be rehearsed here.


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