Freedom of Speech And the Espionage Act
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S. 239.
II Justice Pitney, writing the opinion of the Court/^ held that the de- fendants knowing the contents of the pamphlet were to have attributed to them an intent, and justified the conclusion that they attempted, "to bring about any and all such consequences as reasonably might be antici- pated from its distribution," and that "whether the printed words would in fact produce as a proximate result a material interference with the recruiting or enlistment service, or the operation or succes...s of the forces of the United States, was a question for the jury to decide in view of all the circumstances of the time and considering the place and manner of distribution." And in support of this conclusion the principle of the decision in the Schcnck, Frohzverk and Debs cases was relied on.
To the argument so frequently made in Espionage cases that the defendants said nothing new but only repeated comments upon matters of public concern, the Court said : "In eft'ect it would allow the professed advocate of disloyalty to escape responsibility for statements, however audaciously false, so long as he did but reiterate what had been said before ; while his ignorant dupes, believing his statements and thereby persuaded to obstruct the recruiting or enlistment service, would be punishable by fine or imprison- ment under the same section." Justice Brandeis, in writing the dissenting opinion^^ in which Justice ""If its (the pamphlet's) probable effect was at all disputable, at least the jury fairly might believe that, under the circumstances existing, it would have a tendency to cause insubordination, disloyalty, and refusal of duty in the military and naval forces of the United States; that it amounted to an obstruction of the recruiting and enlistment service; and that it was intended to interfere with the success of our military and naval forces in the war in which the United States was then en- gaged.
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To quickly assess the difficulty of the text, read a short excerpt:
S. 239.
II Justice Pitney, writing the opinion of the Court/^ held that the de- fendants knowing the contents of the pamphlet were to have attributed to them an intent, and justified the conclusion that they attempted, "to bring about any and all such consequences as reasonably might be antici- pated from its distribution," and that "whether the printed words would in fact produce as a proximate result a material interference with the recruiting or enlistment service, or the operation or succes...s of the forces of the United States, was a question for the jury to decide in view of all the circumstances of the time and considering the place and manner of distribution." And in support of this conclusion the principle of the decision in the Schcnck, Frohzverk and Debs cases was relied on.
To the argument so frequently made in Espionage cases that the defendants said nothing new but only repeated comments upon matters of public concern, the Court said : "In eft'ect it would allow the professed advocate of disloyalty to escape responsibility for statements, however audaciously false, so long as he did but reiterate what had been said before ; while his ignorant dupes, believing his statements and thereby persuaded to obstruct the recruiting or enlistment service, would be punishable by fine or imprison- ment under the same section." Justice Brandeis, in writing the dissenting opinion^^ in which Justice ""If its (the pamphlet's) probable effect was at all disputable, at least the jury fairly might believe that, under the circumstances existing, it would have a tendency to cause insubordination, disloyalty, and refusal of duty in the military and naval forces of the United States; that it amounted to an obstruction of the recruiting and enlistment service; and that it was intended to interfere with the success of our military and naval forces in the war in which the United States was then en- gaged.
What to read after Freedom of Speech And the Espionage Act?
You can find similar books in the "Read Also" column, or choose other free books by Henry Waters Taft to read onlineMoreLess
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