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That phrase came from a case that was completely unrelated to the content of the quote, and was used to claim that writing anti-draft pamphlets was illegal speech.

That verdict was later effectively overturned, and the judge who first said those words also had this to say shortly afterward in another free speech case:

"The ultimate good desired is better reached by free trade in ideas -- that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out."

It's time to stop trotting out that fear-mongering phrase.



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