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Debs v. United States

Supreme Court of the United States · 1919 · Constitutional Law

Constitutional LawFirst AmendmentEspionage Actfree speechEspionage Actobstruction of recruitingspecific intentnatural tendency

Facts

Debs delivered a public speech in Canton, Ohio, on June 16, 1918. In the speech, he praised persons who had been convicted for draft- and enlistment-related offenses, stated that if one such speaker was guilty so was he, suggested that workers were treated as "slavery and cannon fodder," and closed with an exhortation not to worry about "treason to your masters." About an hour before the speech, he had said he approved in spirit and substance an anti-war proclamation calling for continuous, active, and public opposition to the war. At trial, Debs also told the jury, "I have been accused of obstructing the war. I admit it," while asserting that his speech did not warrant conviction.

Issue

Whether Debs's speech could constitutionally be punished under the Espionage Act consistent with the First Amendment, and whether the indictment and challenged evidence were sufficient to sustain his conviction for obstructing and attempting to obstruct the recruiting service. A related issue was whether the conviction records of other speakers and the anti-war proclamation were properly admitted to show the meaning and intent of Debs's speech.

Rule

A speech is not protected merely because it is part of a general political or social program if, in context, it uses words whose natural tendency and reasonably probable effect are to obstruct the recruiting or enlistment service, and the defendant specifically intends that result. Evidence explaining the references in the speech and shedding light on the speaker's intent is admissible for that purpose.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a labor rally in Milwaukee, Nina Alvarez gives a speech attacking the current war as a scheme by industrial owners. She repeatedly praises several local activists who were convicted for helping men avoid enlistment, says she is "with them in spirit," and tells the crowd they are "too valuable to be turned into cannon fodder." Prosecutors charge her with attempting to obstruct recruiting.

Under the majority opinion's rule, which is the strongest basis for upholding Nina's conviction consistent with the First Amendment?

Explanation. The majority held that speech may be punished when, in context, its natural tendency and reasonably probable effect are to obstruct recruiting or enlistment and the speaker specifically intends that result. General anti-war or socialist themes do not alone remove protection, but praise of convicted draft-related offenders and language encouraging resistance can support the required inference.