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14 Ill. L. R. 539 (1919-1920)
Abrams v U S Freedom of Speech and Freedom of Thuggery in War-time and Peace-time

handle is hein.journals/illlr14 and id is 551 raw text is: ILLINOIS
LAW REVIEW
Volume XIV                MARCH, 1920                 Number 8
ABRAMS v. U. S.: FREEDOM OF SPEECH AND
FREEDOM OF THUGGERY IN WAR-
TIME AND PEACE-TIME
By JOHN H. WIGMORE'
Syllabus:
CONSTITUTIONAL LAw-FREEDOM OF SPEECH AND PRESS NOT TO
COVER DISLOYAL LANGUAGE.-The acts of printing and disseminating,
during the war with Germany, pamphlets containing disloyal, scurrilous,
and abusive language about the form of government of the United
States, also language intended to incite, provoke, and encourage re-
sistance to the United States in the war, etc., were not within the pro-
tection of the freedom of speech and of the press guaranteed by the
Constitution of the United States, First Amendment.
WAR-EVIDENCE SUSTAINING CONVICTION UNDER ESPIONAGE ACT.
-In the prosecution of five Russians, non-declarant aliens, for con-
spiracy to violate the Espionage Act as amended by Act of May 16,
1918, evidence held to support conviction, as tending to prove that de-
fendants were guilty as charged in both the third and fourth counts of
the indictment, alleging respectively that they published language in-
tended to incite, provoke, and encourage resistance to the United States
in the war with Germany, and that during such war they incited and
advocated curtailment of ordnance and munitions.
Two Judges dissenting.
The Minority Opinion in Abrams v. United States, decided on
November 10, 1919 (40 Sup. 21), represents poor law and poor
policy; and I wish to point out its dangerous implications.
I
THE RUSSIAN BOLSHEVIK PROPAGANDA IN AMERICA
1. The present revolutionary government of Russia-the Work-
ers' Soviets, captained by Lenine and Trotzky-represents the in-
I. [Professor of law in Northwestern University; formerly colonel,
judge advocate, U. S. A., on the staff of the Provost Marshal General.]

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