Case Studies: Civil Liberties in World War I

The Espionage Act, passed in 1917, made it a crime to obstruct military recruitment and it authorized the Postmaster General to deny mailing privileges to any material he considered treasonous or harmful to the war effort.

The Sedition Act, passed in 1918, made it illegal to “utter, print, write or publish any disloyal, profane, scurrilous or abusive language” about the government, the Constitution, the flag, the armed forces or even the “uniform of the Army or Navy.”

Considering the two above mentioned Acts, decide whether or not the defendants in the cases below are “guilty” or “not guilty.”Be prepared to explain your group’s decision.If “guilty,” determine a sentence and/or a fine.

Case #1: The American Revolution Movie

A Hollywood movie producer issued a film, The Spirit of 76, which portrayed some scenes in which British soldiers committed some atrocities.Claiming that the film questioned the faith of our ally, Great Britain, the prosecution argued that the war effort demanded total Allied support.

Guilty or Not Guilty?

Sentence/Fine:

Case #2: The Anti-Draft Circulars

An American Socialist, feeling that American involvement in World War I was an attempt to bolster the capitalist system, mailed circulars to men eligible for the draft, stating that being conscripted against one’s will was unconstitutional and should be resisted.The prosecution argued that this interfered with the government’s right to raise an army in time of war.

Guilty or Not Guilty?

Sentence/Fine:

Case #3: The Leaflets Dropped From a Window

Several men, concerned about America’s involvement in the unfolding Bolshevik Revolution in Russia, dropped some leaflets from a window to pedestrians below.The leaflets urged that American workers go on strike to protest America’s involvement in another nation’s civil war.The prosecution argued that while the leaflets made no statement about the U.S.’s role in World War or its allies, a strike might hamper war production and thus their actions were illegal.

Guilty or Not Guilty?

Sentence/Fine:

Case #4: The Anti-Draft Speech

An American Socialist leader stood on a street corner in Cincinnati, Ohio and told a crowd of passers-by that the draft was wrong, that the European War was not America’s fight, and that the U.S. should withdraw its troops immediately.The prosecution contended that these words were inflammatory and could hinder the recruitment of soldiers by the Selective Service Administration.

Guilty or Not Guilty?

Sentence/Fine:

Civil Liberty Case Results

Case #1: The American Revolution Movie

U.S. v. Spirit of ’76The producer was fined $10,000 and given a 10-year prison sentence (later commuted to three years).

Case #2: The Anti-Draft Circulars

Schenck v. U.S.A 10-year sentence upheld by the Supreme Court, which established the “clear and present danger” doctrine for the boundaries of permissible speech.

Case #3: The Leaflets Dropped From a Window

Abrams v. U.S.A 20-year sentence upheld by the Supreme Court.Abrams was later released from prison on the condition that he emigrate to the Soviet Union.

Case #4: The Anti-Draft Speech

U.S. v. Debs10-year sentence commuted by President Harding in 1921.