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The Espionage and Sedition Acts: Restrictions on Speech during Wartime, Slides of Printing

The espionage act and sedition act passed during world war i, which restricted american citizens from using 'disloyal, profane, scurrilous, or abusive language' against the government or armed forces. The acts also allowed mail delivery to be denied to dissenters and made it a crime to interfere with military operations or promote enemy success. Sections from both acts and a case study of schenck v. United states.

What you will learn

  • What was the outcome of the Schenck v. United States case related to these acts?
  • How did the Espionage and Sedition Acts impact free speech during wartime?
  • What were the main provisions of the Espionage Act and Sedition Act during World War I?

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Espionage Act & Sedition Act
President Woodrow Wilson, who was concerned that dissent, in time of war, was a significant threat to morale. The passing
of this act forbade Americans to use "disloyal, profane, scurrilous, or abusive language" about the United States government,
flag, or armed forces during war. The act also allowed the Postmaster General to deny mail delivery to dissenters of
government policy during wartime.
The Espionage Act made it a crime to help enemies of the United States, but the Sedition Act made it a crime to utter, print,
write or publish any disloyal, profane, scurrilous, or abusive language about the United States' form of government.
The Espionage Act -1917
Section 3
Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to
interfere with the operation or success of the military or naval forces of the United States or to promote the success of its
enemies and whoever when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty,
mutiny, refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct the recruiting or
enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not
more than $10,000 or imprisonment for not more than twenty years, or both.
Sedition Act -1918
Section 3
Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to
interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its
enemies, or shall willfully make or convey false reports or false statements, or say or do anything except by way of bona fide
and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other
securities of the United States or the making of loans by or to the United States, and whoever when the United States is at
war, shall willfully cause or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of
duty, in the military or naval forces of the United States, or shall willfully obstruct or attempt to obstruct the recruiting or
enlistment services of the United States, and whoever, when the United States is at war, shall willfully utter, print, write or
publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States or the
Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the
uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute, or shall willfully utter,
print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to promote
the cause of its enemies, or shall willfully display the flag of any foreign enemy, or shall willfully by utterance, writing,
printing, publication, or language spoken, urge, incite, or advocate any curtailment of production in this country of any
thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be
engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of war, and whoever shall
willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and whoever
shall by word or act support or favor the cause of any country with which the United States is at war or by word or act
oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or the imprisonment for
not more than twenty years, or both: Provided, That any employee or official of the United States Government who
commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes
the Army or Navy or the flag of the United States shall be at once dismissed from the service.. of others who dwell upon
others
Section 4
When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or
concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which
mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally
mailed all letters or other matter so addressed, with the words "Mail to this address undeliverable under Espionage Act"
plainly written or stamped upon the outside thereof, and all such letters or other matter so returned to such postmasters
shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe.
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Espionage Act & Sedition Act

President Woodrow Wilson, who was concerned that dissent, in time of war, was a significant threat to morale. The passing

of this act forbade Americans to use "disloyal, profane, scurrilous, or abusive language" about the United States government,

flag, or armed forces during war. The act also allowed the Postmaster General to deny mail delivery to dissenters of

government policy during wartime.

The Espionage Act made it a crime to help enemies of the United States, but the Sedition Act made it a crime to utter, print,

write or publish any disloyal, profane, scurrilous, or abusive language about the United States' form of government.

The Espionage Act - 1917

Section 3

Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to

interfere with the operation or success of the military or naval forces of the United States or to promote the success of its

enemies and whoever when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty,

mutiny, refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct the recruiting or

enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not

more than $10,000 or imprisonment for not more than twenty years, or both.

Sedition Act -

Section 3

Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to

interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its

enemies, or shall willfully make or convey false reports or false statements, or say or do anything except by way of bona fide

and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other

securities of the United States or the making of loans by or to the United States, and whoever when the United States is at

war, shall willfully cause or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of

duty, in the military or naval forces of the United States, or shall willfully obstruct or attempt to obstruct the recruiting or

enlistment services of the United States, and whoever, when the United States is at war, shall willfully utter, print, write or

publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States or the

Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the

uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute, or shall willfully utter,

print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to promote

the cause of its enemies, or shall willfully display the flag of any foreign enemy, or shall willfully by utterance, writing,

printing, publication, or language spoken, urge, incite, or advocate any curtailment of production in this country of any

thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be

engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of war, and whoever shall

willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and whoever

shall by word or act support or favor the cause of any country with which the United States is at war or by word or act

oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or the imprisonment for

not more than twenty years, or both: Provided, That any employee or official of the United States Government who

commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes

the Army or Navy or the flag of the United States shall be at once dismissed from the service.. of others who dwell upon

others

Section 4

When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or

concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which

mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally

mailed all letters or other matter so addressed, with the words "Mail to this address undeliverable under Espionage Act"

plainly written or stamped upon the outside thereof, and all such letters or other matter so returned to such postmasters

shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe.

SCHENCK v. U.S. , 249 U.S. 47 (1919)

249 U.S. 47

SCHENCK v. UNITED STATES.

BAER v. SAME.

Nos. 437, 438. Argued Jan. 9 and 10, 1919. Decided March 3, 1919.

[249 U.S. 47, 48] Messrs. Henry John Nelson and Henry Johns Gibbons, both of Philadelphia, Pa., for plaintiffs in error.

Mr. John Lord O'Brian, of Buffalo, N. Y., for the United States.

Mr. Justice HOLMES delivered the opinion of the Court.

This is an indictment in three counts. The first charges a conspiracy to violate the Espionage Act of June 15, 1917, c. 30, tit. 1, 3, 40 Stat. 217, 219 (Comp. St. 1918, 10212c), by causing and attempting [249 U.S. 47, 49] to cause insubordination, &c., in the military and naval forces of the United States, and to obstruct the recruiting and enlistment service of the United States, when the United States was at war with the German Empire, to-wit, that the defendant wilfully conspired to have printed and circulated to men who had been called and accepted for military service under the Act of May 18, 1917, c. 15, 40 Stat. 76 (Comp. St. 1918, 2044a-2044k), a document set forth and alleged to be calculated to cause such insubordination and obstruction. The count alleges overt acts in pursuance of the conspiracy, ending in the distribution of the document set forth. The second count alleges a conspiracy to commit an offense against the United States, to-wit, to use the mails for the transmission of matter declared to be non-mailable by title 12, 2, of the Act of June 15, 1917 (Comp. St. 1918, 10401b), to-wit, the above mentioned document, with an averment of the same overt acts. The third count charges an unlawful use of the mails for the transmission of the same matter and otherwise as above. The defendants were found guilty on all the counts. They set up the First Amendment to the Constitution forbidding Congress to make any law abridging the freedom of speech, or of the press, and bringing the case here on that ground have argued some other points also of which we must dispose.

It is argued that the evidence, if admissible, was not sufficient to prove that the defendant Schenck was concerned in sending the documents. According to the testimony Schenck said he was general secretary of the Socialist party and had charge of the Socialist headquarters from which the documents were sent. He identified a book found there as the minutes of the Executive Committee of the party. The book showed a resolution of August 13, 1917, that 15,000 leaflets should be printed on the other side of one of them in use, to be mailed to men who had passed exemption boards, and for distribution. Schenck personally attended to the printing. On [249 U.S. 47, 50] August 20 the general secretary's report said 'Obtained new leaflets from printer and started work addressing envelopes' &c.; and there was a resolve that Comrade Schenck be allowed $125 for sending leaflets through the mail. He said that he had about fifteen or sixteen thousand printed. There were files of the circular in question in the inner office which he said were printed on the other side of the one sided circular and were there for distribution. Other copies were proved to have been sent through the mails to drafted men. Without going into confirmatory details that were proved, no reasonable man could doubt that the defendant Schenck was largely instrumental in sending the circulars about. As to the defendant Baer there was evidence that she was a member of the Executive Board and that the minutes of its transactions were hers. The argument as to the sufficiency of the evidence that the defendants conspired to send the documents only impairs the seriousness of the real defence.

It is objected that the documentary evidence was not admissible because obtained upon a search warrant, valid so far as appears. The contrary is established. Adams v. New York, 192 U.S. 585 , 24 Sup. Ct. 372; Weeks v. United States, 232 U.S. 383, 395 , 396 S., 34 Sup. Ct. 341, L. R. A. 1915B, 834, Ann. Cas. 1915C, 1177. The search warrant did not issue against the defendant but against the Socialist headquarters at 1326 Arch street and it would seem that the documents technically were not even in the defendants' possession. See Johnson v. United States, 228 U.S. 457 ,