Abrams v. U.S. 1919
Background: Abrams was accused of distributing leaflets that were pro-revolution in Russia, and urged factory workers to strike in order to stop the production of arms and munitions that might have been used against the revolutionaries. Abrams was charged with violating the Espionage Act on that grounds he had advocated the "curtailment of production of ordnance and ammunition, necessary to the production of the war."
Issue: Was the government allowed to criminalize the speech in this instance?
Ruling/Impact: Abrams was convicted of his crimes, based on the previous court ruling in the Schenk case, on the grounds that while the primary purpose of his speech was pro-Russian, it was anti-American in what it called for. Dissent's reasoned that Abrams did not intend to interfere with the war against Germany and that the leaflet posed no real and immediate danger to the U.S government. This brought about the precedent that suppression of free speech was only an option if it was needed to immediately save the country.
Issue: Was the government allowed to criminalize the speech in this instance?
Ruling/Impact: Abrams was convicted of his crimes, based on the previous court ruling in the Schenk case, on the grounds that while the primary purpose of his speech was pro-Russian, it was anti-American in what it called for. Dissent's reasoned that Abrams did not intend to interfere with the war against Germany and that the leaflet posed no real and immediate danger to the U.S government. This brought about the precedent that suppression of free speech was only an option if it was needed to immediately save the country.