Civil Liberties during Wartime pg. 27 – Unit 5 Study Packet

Civil Rights During Wartime 1790’s – Alien and Sedition Acts during undeclared naval war with France (limited freedom of speech/press) 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) 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 World War I – acts of sabotage on American property by the Germans caused fear for national security during wartime

Congress reacted Espionage Act – 1917 Espionage Act – 1917 Prohibited disclosure of gov’t or industrial info regarding national defense Prohibited disclosure of gov’t or industrial info regarding national defense Criminalized refusal to perform military obligations if conscripted Criminalized refusal to perform military obligations if conscripted $10,000 fine/20 years $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 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” 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) 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. 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. John T. Neufeld was sentenced to 15 years hard labor in the the military prison in Leavenworth. He was later paroled.

Go to pg. 29 in Unit 5 Study Packet

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

Background Espionage Act Espionage Act Outlawed any obstruction of military registration and enlistment Outlawed any obstruction of military registration and enlistment Banned treasonable and seditious material from the mail Banned treasonable and seditious material from the mail Sedition Act Restricted interference with enlistment procedure Made it a felony to “utter, print, or publish disloyal, profane, scurrilous, or abusive language about the form of government, the Constitution, flag or uniform of the armed forces”

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

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

Decision Unanimous decision by the Court Unanimous decision by the Court Espionage Act was constitutional Espionage Act was constitutional Free speech was not an absolute right Free speech was not an absolute right Civil liberties may be limited during wartime 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 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 Conviction was upheld

Importance Court established the belief that a person’s rights are not absolute (for all times and in all places). 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 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 The Court’s “clear and present danger” ruling allows the restrictions of individual rights in the interest of national security