On June 15, 1917, Congress passed the Espionage Act. The law made it illegal to collect or share information that could potentially be used by foreign countries against the United States.
The statute was part of an effort by the federal government to silence opposition to American involvement in World War I. Many socialists, anarchists, and pacifists faced punishment for their anti-war activism. Those found guilty of violating the act were subject to $10,000 fines and prison sentences of up to twenty years.
Among the most famous activists arrested for violating the Espionage Act was Charles T. Schenck, who distributed leaflets urging Americans to resist the military draft. Schenck appealed his conviction to the Supreme Court, arguing that the Espionage Act violated the First Amendment right to freedom of speech. However, the court upheld Schenck’s conviction and the constitutionality of the Espionage Act. In a unanimous decision written by Justice Oliver Wendell Holmes, the court asserted that the First Amendment did not protect speech that posed a “clear and present danger”. The court used the example of yelling “Fire!” in a crowded theatre to demonstrate that not all speech is protected under the First Amendment.
Similarly, activist Eugene V. Debs was sentenced to ten years in prison for a speech he made criticizing the war effort. Debs appealed his case to the Supreme Court, which once again ruled unanimously to uphold the conviction and the constitutionality of the Espionage Act.
On the 106th anniversary of the passing of the Espionage Act, we reflect on the right to freedom of speech and how its scope has been redefined over time. If you are interested in learning more about our First Amendment freedoms and landmark Supreme Court cases, we encourage you to download our free app.
Happy Learning!
The Civicly Team
