561), and Debs (249 U. S. 211, 39 Sup. An intent to prevent interference with the revolution in Russia might have been satisfied without any hindrance to carrying on the war in which we were engaged. Ct. 252, 63 L. Ed. I return for a moment to the third count. to curtail or hinder the United States in the prosecution of the war.”, Clarke applied the clear and present danger test advanced by Holmes in Schenck v. United States (1919) and found that the natural effect of Abrams and his colleagues’ actions was to “defeat the war plans of the Government” through the “paralysis of a general strike.”. But, when words are used exactly, a deed is not done with intent to produce a consequence unless that consequence is the aim of the deed. An intent to prevent interference with the revolution in Russia might have been satisfied without any hindrance to carrying on the war in which we were engaged. of Educ. The claim chiefly elaborated upon by the defendants in the oral argument and in their brief is that there is no substantial evidence in this record to support the judgment upon the verdict of guilty, and that the motion of the defendants for an instructed verdict in their favor was erroneously denied. (Image via Library of Congress, public domain). Evidence held sufficient to sustain a conviction of conspiracy to violate the Espionage Act by uttering, etc., circulars intended to provoke and encourage resistance to the United States in the war with Germany, and by inciting and advocating, through such circulars, resort to a general strike of workers in ammunition factories for the purpose of curtailing production of ordnance and munitions essential to the prosecution of the war. In this case, sentences of twenty years' imprisonment have been imposed for the publishing of two leaflets that I believe the defendants had as much right to publish as the Government has to publish the Constitution of the United States now vainly invoked by them. The defendant Abrams, although not a printer, on July 27, 1918, purchased the printing outfit with which the circulars were printed, and installed it in a basement room where the work was done at night. It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion where private rights are not concerned. The first of the two articles attached to the indictment is conspicuously headed, 'The Hypocrisy of the United States and her Allies.' Pp. On the record thus described, it is argued, somewhat faintly, that the acts charged against the defendants were not unlawful because within the protection of that freedom. The Court upheld convictions in both cases under the 1917 Espionage Act and the 1918 Sedition Act. Even if I am technically wrong and enough can be squeezed from these poor and puny anonymities to turn the color of legal litmus paper; I will add, even if what I think the necessary intent were shown; the most nominal punishment seems to me all that possible could be inflicted, unless the defendants are to be made to suffer not for what the indictment alleges but for the creed that they avow—a creed that I believe to be the creed of ignorance and immaturity when honestly held, as I see no reason to doubt that it was held here but which, although made the subject of examination at the trial, no one has a right even to consider in dealing with the charges before the Court. Revolutionists.' The fourth count lays a conspiracy to incite curtailment of production of things necessary to the prosecution of the war and to attempt to accomplish it by publishing the second leaflet to which I have referred. Awake, you Workers of the World, Revolutionists!" Again, the spirit becomes more bitter as it proceed to declare that --, "America and her Allies have betrayed (the Workers).

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