627. In the Holmes-Pollock Letters this
is the main point discussed by the two correspondents regarding the
Abrams Case; the clear and present danger doctrine is not mentioned. 2
Holmes-Pollock Letters, 29, 31, 32, 42, 44-45, 48, 65.

[93] 251 U.S. 466 (1920).

[94] Ibid. 479. _See also_ to the same effect: Pierce _v._ United
States, 252 U.S. 239 (1920).

[95] 268 U.S. 652 (1925).

[96] Ibid. 668, 669.

[97] Ibid. 670.

[98] Ibid. 671. Justice Holmes presented a dissenting opinion for
himself and Justice Brandeis which contains a curious note of fatalism.
He said: "If what I think the correct test is applied, it is manifest
that there was no present danger of an attempt to overthrow the
government by force on the part of the admittedly small minority who
shared the defendant's views. It is said that this Manifesto was more
than a theory, that it was an incitement. Every idea is an incitement.
It offers itself for belief, and, if believed, it is acted on unless
some other belief outweighs it, or some failure of energy stifles the
movement at its birth. The only difference between the expression of an
opinion and an incitement in the narrower sense is the speaker's
enthusiasm for the result. Eloquence may set fire to reason. But
whatever may be thought of the redundant discourse before us, it had no
chance of starting a present conflagration. If, in the long run, the
beliefs expressed in proletarian dictatorship are destined to be
accepted by the dominant forces of the community, the only meaning of
free speech is that they should be given their chance and have their
way." Ibid. 673.

[99] 274 U.S. 357 (1927).

[100] Ibid. 373, 377. Apparently this means that the ultimate test of
the constitutionality of legislation restricting freedom of utterance is
whether there is still sufficient time to educate the utterers out of
their mistaken frame of mind, and the final say on this necessarily
recondite matter rests with the Supreme Court! Justice Brandeis also
asserts (274 U.S. at 376) that there is a distinction between "advocacy"
and "incitement," but fails to adduce any supporting authority.

[101] 301 U.S. 242 (1937).

[102] Ibid. 261-263.

[103] 310 U.S. 88 (1940).

[104] Ibid. 105.

[105] Cantwell _v._ Connecticut, 310 U.S. 296, 308 (1940).

[106] Stromberg _v._ California, 283 U.S. 359, 369 (1931).

[107] Fox _v._ Washington, 236 U.S. 273, 277 (1915).

[108] Gitlow _v._ New York, 268 U.S. 652 (1925)