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在美国新一年的征兵季到来之际,处处是大幅的海报鼓励年轻人入伍。然而另一边则是从阿富汗和伊拉克战场归来的老兵们,走上街头反对自己曾经从事过的战争。反对战争的言论与保护国土安全的高尚目标,如何和平共处,这个问题早在1919年就成为全国性的难题。而正是在对言论自由边界的摸索中,霍姆斯大法官在著名的“抵制征兵第一案”中确立了“明显而即刻的危险”的判断原则,并以之明确了言论自由的边界。
As the U.S. recruiting season of the new year is approaching, there are huge posters to encourage young people to join the army. On the other side, however, veterans who returned from the battlefields of Afghanistan and Iraq took to the streets in opposition to the wars they had been engaged in. How to oppose the war’s remarks and safeguard the noble goal of homeland security and how to live together in peace has become a national problem as early as 1919. It is precisely in exploring the boundary of freedom of speech that Justice Holmes established the principle of “obvious and immediate danger” in the famous “first case of boycotting military conscription” and made it clear Freedom of speech.