Julian v. American Business Consultants, Inc.
New York Court of Appeals
1DissentFuld, J.
No one may dispute or question the high necessity and great value of a publication alerting the public or an industry to the menace of Communism, or any other situation considered dangerous, and suggesting the means and method to combat it. The constitutional guarantee of free speech assures to defendants their right to speak out against such a danger, but, as the Constitution of this State explicitly declares (art. I, § 8), they are “ responsible for the abuse of that right ”. (See, also, Robertson v. Baldwin, 165 U. S. 275, 281.) The existence of danger does not, of course, suspend the law…
2Cases cited33 opinions
- Robertson v. BaldwinSupreme Court of the United States · 1897
- Mencher v. ChesleyNew York Court of Appeals · 1947
- Moore v. . FrancisNew York Court of Appeals · 1890
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
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