CHAPTER 3

WORLD WAR I

3.1 THE MILITARY CAMPAIGN

3.2 MOBILIZING THE HOME FRONT

3.3 PUBLIC OPINION AND CIVIL LIBERTIES

3.3.3 The Espionage and Sedition Acts

The Espionage Act of 1917 provided for fines and imprisonment for persons who made false statements which aided the enemy, incited rebellion in the military, or obstructed recruitment or the draft. Printed matter advocating treason or insurrection could be excluded from the mails. The Sedition Act of May 1918 forbade any criticism of the government, flag, or uniform, even if there were not detrimental consequences, and expanded the mail exclusion. The laws sounded reasonable, but they were applied in ways which trampled on civil liberties. Eugene V. Debs, the perennial Socialist candidate for president, was given a ten-year prison sentence for a speech at his party’s convention in which he was critical of American policy in entering the war and warned of the dangers of militarism. Movie producer Robert Goldstein released the movie The Spirit of ’76 about the Revolutionary War. It naturally showed the British fighting the Americans. Goldstein was fined $10,000 and sentenced to ten years in prison because the film depicted the British, who were now fighting on the same side as the United States, in an unfavorable light. The Espionage Act was upheld by the Supreme Court in the case of Shenk v. United States in 1919. The opinion, written by Justice Oliver Wendell Holmes, Jr., stated that Congress could limit free speech when the words represented a “clear and present danger,” and that a person cannot cry “fire” in a crowded theater, for example. The Sedition Act was similarly upheld in Abrams v. United States a few months later. Ultimately 2,168 persons were prosecuted under the laws, and 1,055 were convicted, of whom only ten were charged with actual sabotage.

3.4 WARTIME SOCIAL TRENDS