SCHENCK v. U.S 1919
During World War I Charles Schenck and his buddy Elizabeth Baer handed and mailed out leaflets that expressed their opinion on the draft of 1917. They claimed that this draft violated the thirteen ammendment againstinvoluntary servitude. He was eventually charged with conspiradcy to violate the espionge act of 1917 that prohibits interference with military operations and recruitment.
The Espionage act of 1917 was put into place to along with the "Trading with the enemy act" both based off of the "Defense secret act of 1911." All in effort to stop people from obtaining or delivering information to the enemy.
ESPIONGE ACT of 1917
this case was ruled with an unanimous decisoin. judegs eblived that espionge act did not violate the constituion and the first ammendment becauses it was an "approprate excersise on congress wartime authority". One of the Justice Holmes claimed that the first ammendemnt does not protect speech that can potentially creates clear and prent danger among citizens
Euguene Debs gave an anti-draft speech that instructed its listeneners to interfere with the World War I draft. He also was taken into custody because he violated the Espionge Act of 1917. Officials, claimed that he "attempted to cause insubordination and refusal of duty in the military"
DEBS v. UNITED STATES
Benjamin Gitlow was arrested in 1919 for handing out a menafesto that promoted the idea of socialism. In his manifesto he told his readers to go one strikes and do what it ever it took to make America and socialist country. He was taken to court for violating the New Yorks Criminal Anarchy Law. There was a 7-2 decision in favor of New York.
GITLOW v. NEW YORK