Both sides contended that the Constitution ought to be interpreted in the light of their substantive views about the dangers to a system of democratic capitalism that both sides equally embraced.
The judge's instructions included the phrase "I find as a matter of law that there is sufficient danger of a substantive evil ... ...... which would later be challenged by the defense during their appeals.
The defendants claimed that Medina's statement that "as matter of law that there is sufficient danger of a substantive evil that the Congress has a right to prevent to justify the application of the statute under the First Amendment of the Constitution" was erroneous, but Vinson concluded that the instructions were an appropriate interpretation of the Smith Act.
To insure that journalistic organizations, rather than simply interviewing him or hanging out with him on the campaign trail and passing along his public statements, do substantive stories pointing out the dangers, weaknesses, and inconsistencies of what he is proposing?
It is the expression of that viewpoint, not any substantive shortcomings, that poses the greatest danger for the president in the debate.
A 30 August editorial in The Lancet added: "A major opportunity to advance global health is in danger of being lost" if substantive targets are not set and nations don't agree to be held accountable for meeting them.
Holmes wrote in the case of Schenck v. United States that freedom of speech must be defended except for situations in which "substantive evils" are caused through a "clear and present danger" arising from such speech.
Justice Oliver Wendell Holmes, Jr., writing for the Court, explained that "the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent".
The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
The Fed, for instance, ignored years of warnings about the dangers of subprime mortgages and overdraft fees before finally taking substantive action in recent years.
