hinder or prevent the progress or accomplishment of
The first charges a conspiracy to violate the Espionage Act of June 15, 1917 by causing and attempting to cause insubordination 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...
done by design
willfully conspired to have printed and circulated to men who had been called and accepted for military service under the Act of May 18, 1917, a document set forth and alleged to be calculated to cause such insubordination and obstruction.
defiance of authority
...the defendants willfully conspired to have printed and circulated to men who had been called and accepted for military service under the Act of May 18, 1917, a document set forth and alleged to be calculated to cause such
insubordination and obstruction.
report or maintain
alleges overt acts in pursuance of the conspiracy, ending in the distribution of the document set forth.
open and observable; not secret or hidden
The count alleges
overt acts in pursuance of the conspiracy, ending in the distribution of the document set forth.
a plot to carry out some harmful or illegal act
The second count alleges a
conspiracy to commit an offence against the United States, to-wit, to use the mails for the transmission of matter declared to be nonmailable by Title XII, § 2 of the Act of June 15, 1917, to-wit, the above mentioned document, with an averment of the same overt acts.
the act of sending a message
The third count charges an unlawful use of the mails for the
transmission of the same matter and otherwise as above.
lessen, diminish, or curtail
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.
deserving to be accepted or allowed
It is argued that the evidence, if
admissible, was not sufficient to prove that the defendant Schenck was concerned in sending the documents.
compulsory military service
The document in question, upon its first printed side, recited the first section of the Thirteenth Amendment, said that the idea embodied in it was violated by the
Conscription Act, and that a conscript is little better than a convict.
characterized by intense emotion
impassioned language, it intimated that conscription was despotism in its worst form, and a monstrous wrong against humanity in the interest of Wall Street's chosen few.
imply as a possibility
In impassioned language, it
intimated that conscription was despotism in its worst form, and a monstrous wrong against humanity in the interest of Wall Street's chosen few.
dominance through threat of punishment and violence
In impassioned language, it intimated that conscription was
despotism in its worst form, and a monstrous wrong against humanity in the interest of Wall Street's chosen few.
the act of scaring a weaker person to make them do something
It said "Do not submit to
intimidation," but in form, at least, confined itself to peaceful measures such as a petition for the repeal of the act.
insist on having one's opinions and rights recognized
The other and later printed side of the sheet was headed "
Assert Your Rights."
compulsory military service
It stated reasons for alleging that anyone violated the Constitution when he refused to recognize "your right to assert your opposition to the
express a negative opinion of
If you do not assert and support your rights, you are helping to deny or
disparage rights which it is the solemn duty of all citizens and residents of the United States to retain.
It described the arguments on the other side as coming from cunning politicians and a
mercenary capitalist press, and even silent consent to the conscription law as helping to support an infamous conspiracy.
an expression of strong disapproval
It denied the power to send our citizens away to foreign shores to shoot up the people of other lands, and added that words could not express the
condemnation such cold-blooded ruthlessness deserves...
in the order given
Two of the strongest expressions are said to be quoted
respectively from well known public men.
a rule or condition that limits freedom
It well may be that the prohibition of laws abridging the freedom of speech is not confined to previous
restraints, although to prevent them may have been the main purpose, as intimated in Patterson v. Colorado, 205 U.S. 454, 462.
demanding strict attention to rules and procedures
stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
a judicial remedy to prohibit a party from doing something
It does not even protect a man from an
injunction against uttering words that may have all the effect of force.
having a firm basis in reality and therefore important
The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the
substantive evils that Congress has a right to prevent.
the property of being close together
It is a question of
proximity and degree.
any obstruction that impedes or is burdensome
When a nation is at war, many things that might be said in time of peace are such a
hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.
the state of being legally obliged and responsible
It seems to be admitted that, if an actual obstruction of the recruiting service were proved,
liability for words that produced that effect might be enforced.
a point asserted as part of an argument
Indeed, that case might be said to dispose of the present
contention if the precedent covers all media concludendi.
a legal decision that influences subsequent decisions
Indeed, that case might be said to dispose of the present contention if the
precedent covers all media concludendi.
up to this point or up to the present time
heretofore usually having been accomplished by getting volunteers, the word is apt to call up that method only in our minds.