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Gilbert v. Minnesota, 254 U.S. 325 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gilbert v. Minnesota, 254 U.S. 325 (1920)
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Gilbert v. Minnesota No. 79 Argued November 10, 1920 Decided December 13, 1920 254 U.S. 325
ERROR TO THE SUPREME COURT
OF THE STATE OF MINNESOTA
Syllabus
1. The law of Minnesota declaring it a misdemeanor for any person to teach or advocate by any written or printed matter or by oral speech that citizens of the state should not aid or assist the United States in prosecuting or carrying on war with the public enemies of the United States is valid under the federal Constitution. P. 327.
2. Such an enactment may be upheld both as a legitimate measure of cooperation by the state with the United States, not in conflict with the federal war power, p. 328, and also as an exercise of the police power to preserve the peace of the state. P. 331. Halter v. Nebraska, 205 U.S. 34; Presser v. Illinois, 116 U.S. 252.
3. The right of free speech does not cover false and malicious misrepresentation of the objects and motives of this country in entering upon a war, made in a public speech for the purpose of discouraging the recruiting of troops, while the war is flagrant and armies are being raised. P. 332.
141 Minn. 263 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Gilbert v. Minnesota, 254 U.S. 325 (1920) in 254 U.S. 325 254 U.S. 326. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=8LAXPKRNLTLIZJ8.
MLA: U.S. Supreme Court. "Syllabus." Gilbert v. Minnesota, 254 U.S. 325 (1920), in 254 U.S. 325, page 254 U.S. 326. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8LAXPKRNLTLIZJ8.
Harvard: U.S. Supreme Court, 'Syllabus' in Gilbert v. Minnesota, 254 U.S. 325 (1920). cited in 1920, 254 U.S. 325, pp.254 U.S. 326. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=8LAXPKRNLTLIZJ8.
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