Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. The test was replaced in 1969 with Ohio's "imminent lawless action" test. Before the 20th century, most free speech issues involved prior restraint. Starting in the early 1900s, the Supreme Court began to consider cases in which persons were punished'after' speaking or publishing; the primary legal test used in the United States to determine if speech could be criminalized was the bad tendency test. Rooted in English common law, the test permitted speech to be outlawed if it had a tendency to harm public welfare. One of the earliest cases in which the Supreme Court addressed punishment after material was published was 1907's Patterson v. Colorado in which the Court used the bad tendency test to uphold contempt charges against a newspaper publisher who accused Colorado judges of acting on behalf of local utility companies.
Antiwar protests during World War I gave rise to several important free speech cases related to sedition and inciting violence. In the 1919 case Schenck v. United States, the Supreme Court held that an antiwar activist did not have a First Amendment right to advocate draft resistance. In his majority opinion, Justice Oliver Wendell Holmes, Jr. introduced the clear and present danger test, which would become an important concept in First Amendment law. Holmes wrote that he intended the clear and present danger test to refine, not replace, the bad tendency test. Although sometimes mentioned in subsequent rulings, the clear and present danger test was never endorsed by the Supreme Court as a test to be used by lower courts when evaluating the constitutionality of legislation that regulated speech; 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 the United States Congress has a right to prevent.
It is a question of degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, that no Court could regard them as protected by any constitutional right; the Court continued to use the bad tendency test during the early 20th century in cases such as 1919's Abrams v. United States, which upheld the conviction of antiwar activists who passed out leaflets encouraging workers to impede the war effort. In Abrams and Justice Brandeis dissented and encouraged the use of the clear and present test, which provided more protection for speech. In 1925's Gitlow v. New York, the Court extended the First Amendment to the states, upheld the conviction of Gitlow for publishing the "Left Wing Manifesto". Gitlow was decided based on the bad tendency test, but the majority decision acknowledged the validity of the clear and present danger test, yet concluded that its use was limited to Schenck-like situations where the speech was not outlawed by the legislature.
Brandeis and Holmes again promoted the clear and present danger test, this time in a concurring opinion in 1927's Whitney v. California decision; the majority did not adopt or use the clear and present danger test, but the concurring opinion encouraged the Court to support greater protections for speech, it suggested that "imminent danger" – a more restrictive wording than "present danger" – should be required before speech can be outlawed. After Whitney, the bad tendency test continued to be used by the Court in cases such 1931's Stromberg v. California, which held that a 1919 California statute banning red flags was unconstitutional; the clear and present danger test was invoked by the majority in the 1940 Thornhill v. Alabama decision in which a state antipicketing law was invalidated. Although the Court referred to the clear and present danger test in a few decisions following Thornhill, the bad tendency test was not explicitly overruled, the clear and present danger test was not applied in several subsequent free speech cases involving incitement to violence.
In May 1950, one month before the appeals court heard oral arguments in the Dennis v. United States case, the Supreme Court ruled on free speech issues in American Communications Association v. Douds. In that case, the Court considered the clear and present danger test, but rejected it as too mechanical and instead introduced a balancing test; the federal appeals court heard oral arguments in the CPUSA case on June 21–23, 1950. Judge Learned Hand considered the clear and present danger test, but his opinion adopted a balancing approach similar to that suggested in American Communications Association v. Douds; the defendants appealed the Second Circuit's decision to the Supreme Court in Dennis v. United States; the 6–2 decision was issued on June 4, 1951, upheld Hand's decision. Chief Justice Fred Vinson's opinion stated that the First Amendment does not require that the government must wait "until the putsch is about to be executed, the plans have been laid and the signal is awaited" before it interrupts seditious plots.
In his opinion, Vinson endorsed the balancing approach used by Judge Hand: Chief Judge Learned Hand... interpreted the phrase as follows:'In each case, must ask whether the gravity of the "evil", discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.' We adopt this statement of the rule. As articulated by Chief Judge Hand, it is as succinct and inclusive as any other we might devise at this time, it takes into consideration those f
The Ministry of Aviation, abbreviated RLM, was a government department during the period of Nazi Germany. It is the original name of the Detlev-Rohwedder-Haus building on the Wilhelmstrasse in central Berlin, which today houses the German Finance Ministry; the Ministry was in charge of development and production of all aircraft developed and built in Germany during the existence of the Third Reich, overseeing all matters concerning both military and civilian designs — it handled military aviation matters as its top priority for the Luftwaffe. As was characteristic of government departments in the Nazi era, the Ministry was personality-driven and formal procedures were ignored in favour of the whims of the Minister, Reichsmarschall Hermann Göring; as a result, early successes in aircraft development progressed only and erratically during World War II. The Ministry was formed in April 1933 from the Reich Commissariat for Aviation, established two months earlier with Göring at its head. In this early phase the Ministry was little more than Göring's personal staff.
One of its first actions was to requisition control of all patents and companies of Hugo Junkers and Richard Wolfgang the German aeronautical engineer. These included all rights to the Junkers Ju 52 aircraft. Defence Minister General Werner von Blomberg decided that the importance of aviation was such that it should no longer be subordinate to the German Army. In May 1933 he transferred the army's Department of Military Aviation, to the Ministry; this is considered the birth of the Luftwaffe. The Ministry was now much larger, consisting of two large departments: the military Luftschutzamt and the civilian Allgemeines Luftamt. Erhard Milch, the former head of Deutsche Luft Hansa, was placed in direct control of the LA, in his function as Secretary of State for Aviation. In September 1933, a reorganization was undertaken to reduce duplication of effort between departments; the primary changes were to move the staffing and technical development organizations out of the LB, make them full departments on their own.
The result was a collection of six: Luftkommandoamt, Allgemeines Luftamt, Technisches Amt in charge of all research and development, but having no clear way of receiving and acting on requests from front-line combat personnel of the Luftwaffe during the war years, to improve their aviation and weapons technology as a "technical-tactical" department would do in other nations' military aviation bureaus, the Luftwaffenverwaltungsamt for construction, Luftwaffenpersonalamt for training and staffing, the Zentralabteilung, central command. In 1934, an additional department was added, the Luftzeugmeister in charge of logistics. With the rapid growth of the Luftwaffe following the outbreak of World War II in 1939, the Ministry grew so large that Göring was no longer able to maintain control; this period was marked by an increasing inability to deliver the new aircraft designs that were needed, as well as continued shortages of aircraft and engines. In 1943 Albert Speer took over from Milch, things improved.
Production reached their highest levels in 1943 and 1944, though Speer introduced the same measures of self-regulation that he had introduced in other areas of industry, tried to take credit for the so-called Armaments Miracle, contemporary German statistics show that the real reason for increased production were measures and investments made by Milch and his staff in 1941 and 1942. Though German aircraft production had caught up with that of the Soviet Union in 1944, it collapsed in 1945; the RLM never overcame the shortage of raw materials and fuel supply, lack of experienced pilots and deficits in technology and know-how that had handicapped it since the beginning of the war. The Ministry building was one of the few public edifices in central Berlin to survive the severe Allied bombings in 1944–45. On 5 May 1933 the German Air Ministry, with Hermann Göring as Reich Minister for Aviation was founded; this event came along with the introduction of a command flag, produced in different sizes, ranging from 200 to 30 cm.
The flag consisted of bright red material on, placed in the centre of the obverse a wreath of silver coloured laurel leaves. In the centre of the leaves was a black eagle. Suspended from the base of the wreath was a true-coloured representation of the "Pour le Mérite". Extending from the left and right side of the wreath were a pair of stylised wings each consisting of four ascending "feathers". Extending from the wreath towards the four corners of the flag were four black-edged white inactive wedges, a feature, to be incorporated in the design of the future unit Colours of the new Luftwaffe. In each of the four corners was set a black swastika; the reverse looked the same as the obverse but a black swastika replaced the eagle and eagles replaced the four swastikas. The flag was in use until the end of 1935. On 26 February 1935 Hitler created the Luftwaffe with Hermann Göring as its Commander-in-Chief. Late in 1935 a flag was instituted; the flag was similar to some extent to that used before. The differences of the obverse were that now there was placed in the centre a gold swastika and instead of the four black swastikas four golden Luftwaffe eagles were added.
The wings were left out. Moreover, the flag was edged on all four sides with a gold-braided border, which incorporated a row of 76 small
Elizabeth of the Trinity, born Élisabeth Catez, was a French Discalced Carmelite professed religious in addition to being a mystic and a spiritual writer. She was known for the depth of her spiritual growth as a Carmelite as well as bleak periods in which her religious calling was perceived to be unsure according to those around her. Elizabeth had strong feelings for the Carmelite charism. Of that experience as a professed religious she wrote in a letter: "I can't find words to express my happiness. Here there is no longer anything but God, he is All. Pope John Paul II celebrated her beatification in Paris on 25 November 1984, she was born on 18 July 1880 as Élisabeth Catez at the military base at Avord in Cher as the first child of Captain Joseph Catez and Marie Rolland. She was baptized at the camp's chapel on the following 22 July. Elizabeth's father died unexpectedly on 2 October 1887 and as a result the family moved to Dijon. During that same year she made her first confession, her First Communion was on 19 April 1891 at Saint-Michel, her Confirmation was at Notre-Dame on the following 8 June.
Elizabeth had a terrible temper as a child. After receiving her First Communion in 1891 she gained more self-control and had a deeper understanding of God and the world, she gained a profound understanding of the Trinity to which she cultivated an ardent devotion. Elizabeth visited the sick, sang in the church choir and taught religion to children who worked in factories; as she grew older Elizabeth became interested in entering the Discalced Carmelite Order, though her mother advised against it. Men had asked for Elizabeth's hand in marriage, but she declined such offers because her dream was to enter the Discalced Carmelite monastery, located 200 meters from her home. Elizabeth entered the Dijon Carmel on 2 August 1901, she said: "I find Him everywhere while doing the wash as well as while praying." Her time in the convent amongst other Carmelites had some high times as well as some low times. She wrote of. At the end of her life, she began to call herself "Laudem Gloriae." Elizabeth wanted that to be her appellation in Heaven because it means "praise of glory."
She said: "I think that in Heaven my mission will be to draw souls by helping them to go out of themselves in order to cling to God by a wholly simple and loving movement, to keep them in this great silence within which will allow God to communicate Himself to them and to transform them into Himself." Her spirituality is considered to be remarkably similar to that of her contemporary and compatriot Discalced Carmelite sister, Thérèse of Lisieux, cloistered at the Carmel in Lisieux. Elizabeth died at the age of 26 of Addison's disease. Though her death was painful, Elizabeth gratefully accepted her suffering as a gift from God, her last words were: "I am going to Light, to Love, to Life!" In Dijon the beatification process started in 1931 in a process that lasted a decade until 1941. Her writings were gathered and after careful investigation were incorporated into the cause and approved as being valid additions in 1944. A second process opened in 1948 and closed in 1950; the third and final process was opened in 1963 and closed in 1965 while two decrees ratified both processes in 1969 and on 13 March 1970.
After an extensive investigation that spanned more than a decade, on 12 July 1982 she was made Venerable after Pope John Paul II acknowledged the fact that she had lived a full life of heroic virtue. The miracle needed for her beatification was investigated from 1964 and closed in 1965. John Paul II approved the healing as being a legitimate miracle in 1984, allowing for Elizabeth to be proclaimed "Blessed." Pope John Paul II on the occasion of an apostolic visit to Paris beatified Elizabeth on 25 November 1984. The second miracle needed for sanctification was investigated in the diocese of the healing's origin from 11 July 2011 until 25 August 2012. Pope Francis on 3 March 2016 approved a second healing as being a miracle attributed to Elizabeth's intercession and thus approved her canonization as a saint. A date of canonization was determined at a gathering of cardinals on 20 June 2016, her canonization was celebrated on 16 October 2016. The postulator of the cause at the time of her canonization was Father Romano Gambalunga.
Her liturgical feast is celebrated on an annual basis on 8 November. Her most famous prayer is: "Holy Trinity Whom I Adore", written out of her love of the Most Blessed Trinity. Elizabeth of the Trinity is a patron against illness, of sick people, of the loss of parents. Constitutions of the Carmelite Order Saint Elizabeth of the Trinity, patron saint archive Saints SQPN Works by or about Elizabeth of the Trinity at Internet Archive Elizabeth of the Trinity. Complete Works. 2 vol. Trans. Alethia Kane and Anne Englund Nash. Washington, DC: ICS Publications, 1984, 1995