Civil Liberties during Wartime

Civil Rights During Wartime 1790’s – Alien and Sedition Acts during undeclared naval war with France (limited freedom of speech/press) 1860’s Civil War – Lincoln suspended the writ of habeas corpus; ( could arrest people without charging them with a crime) World War I – acts of sabotage on American property by the Germans caused fear for national security during wartime

Congress reacted Espionage Act – 1917 Prohibited disclosure of gov’t or industrial info regarding national defense Criminalized refusal to perform military obligations if conscripted $10,000 fine/20 years Sedition Act – 1918 Prohibited expression of anti-war & unpatriotic sentiments Penalties if convicted of “disloyal, scurrilous or abusive language against gov’t, its actions, or its symbols”

Eugene Debs – President of the Socialist Party Sentenced to 10 years in prison for calling these laws unconstitutional

Emma Goldman Anarchist and political activist who protested against the living and working conditions in the US Deported to Russia as an “foreign born radical” aboard “Soviet Ark”

Others were prosecuted Members of the International Workers of the World were imprisoned for anti-war dissent (protest)

Conscientious Objectors Those who refuse on moral or religious grounds to bear arms in a military conflict or to serve in the armed forces. John T. Neufeld was sentenced to 15 years hard labor in the the military prison in Leavenworth. He was later paroled.

Chief Justice: Edward D. White Schenck v. U.S. (1919) Chief Justice: Edward D. White

The Case of Charles Schenck Charles Schenck, General Secretary of the Socialist Party, opposed the war Was arrested and convicted for violations of the Espionage Act Mr. Schenck had mailed out 15,000 leaflets urging opposition to the draft

Constitutional Issue Did the Espionage Act violate the 1st Amendment protection of freedom of speech?

Decision Unanimous decision by the Court Espionage Act was constitutional Free speech was not an absolute right Civil liberties may be limited during wartime Mr. Schenck’s speech was not constitutionally protected because it posed a “clear and present danger” to the country and the nation’s war effort Conviction was upheld

Importance Court established the belief that a person’s rights are not absolute (for all times and in all places). The right to free speech does not allow a person to shout “fire” in a crowded theater. The Court’s “clear and present danger” ruling allows the restrictions of individual rights in the interest of national security