The pamphlet went on to advocate the creation of a socialist system through the use of massive strikes and “class action
The Supreme Court of the United States held the Illinois statute to be invalid and that the power to regulate interstate railroad rates is a federal power which belongs exclusively to Congress and, therefore, cannot be exercised by individual states. The Court said the right of continuous transportation from one end of the country to the other is essential and that states should not be permitted to impose restraints on the freedom of commerce. In this decision, the Court gave great strength to the commerce clause of the Constitution by saying that states cannot impose regulations concerning price, compensation, taxation, or any other restrictive regulation interfering with or seriously affecting interstate commerce. [One year after Wabash, Congress enacted the Interstate Commerce Commission (ICC). ]
Charles Schenck was arrested for violating the Espionage Act, passed by Congress in 1917. The Espionage Act made it illegal to defame the government or do anything that might retard the war effort. Schenck, a member of the Socialist Party, opposed the war and printed and distributed pamphlets urging citizens to oppose the draft which he likened to slavery. Schenck claimed his first amendment rights were violated.
The court ruled against Schenck saying that the Espionage Act did not violate the first amendment and that in times of war the government may place reasonable limitations on freedom of speech. Justice Oliver Wendell Holmes outlined the courts opinion by explaining that when a “clear and present danger” existed such as shouting fire in a crowded theater, freedom of speech may be limited.
Debs was arrested and charged with violating the Espionage Act of 1917
Benjamin Gitlow had been a prominent member of the Socialist party during the 1920s. He was arrested and convicted for violating the New York Criminal Anarchy Law of 1902, which made it a crime to attempt to foster the violent overthrow of government. Gitlow’s publication and circulation of sixteen thousand copies of the Left-Wing Manifesto violated this Criminal Anarchy Act. in any form.” Gitlow was tried and convicted. He appealed the endment right to freedoms of speech and press was violated. Although the New York courts held that the Communists must be held accountable for the results of their propaganda, the Supreme Court , in a 7-2 vote , ruled in favor of Gitlow. It stated in its decision that “for present purposes, we ong the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the State.” (Source – PATCH – See link below)
Eugene V. Debs, a well known socialist, gave a https://samedaycashadvance.org/payday-loans-ia/ public speech to an assembly of people in Canton, Ohio. The speech was about the growth of socialism and contained statements which were intended to interfere with recruiting and advocated insubordination, disloyalty, and mutiny in the armed forces. At issue was whether the United States violated the right of freedom of speech given to Debs in the First Amendment of the United States Constitution.
The Supreme Court of the United States upheld the lower court’s decision in favor of the United States. The Court said that Debs had actually planned to discourage people from enlisting in the Armed Forces. The Court refused to grant him protection under the First Amendment freedom of speech clause, stating that Debs “used words [in his speech] with the purpose of obstructing the recruiting service.” Debs’ conviction under the Espionage Act would stand, because his speech represented a “clear and present danger” to the safety of the United States. (Source – PATCH – See link below)