Note 109 — Chapter II · OPPOSITION TO THE WAR WITH GERMANY
Reading edition
See the review of Masses v. Patten by Learned Hand, J., in U. S. v. Nearing, 252 Fed. 223, 227 (1918). Judge Rogers may not have realized he was rejecting it (246 Fed. 38), but the test of common-law incitement has never been applied to the Act by a District Judge since.