''Debs v. United States''
249 U.S. 211 (1919)
was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

decision, relevant for

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...

and

constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...

, that upheld the

Espionage Act of 1917 The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code (War ...

Facts

Eugene V. Debs Eugene Victor "Gene" Debs (November 5, 1855 – October 20, 1926) was an American socialist, political activist, trade unionist, one of the founding members of the Industrial Workers of the World (IWW), and five times the candidate of the Soc ...

was an American labor and political leader and five-time Socialist Party of America candidate for the American Presidency. On June 16, 1918 Debs made an anti-war speech in Canton, Ohio, protesting US involvement in World War I. He was arrested under the

and convicted, sentenced to serve ten years in prison and to be disenfranchised for life. The case against Debs was based on a document entitled ''Anti-War Proclamation and Program,'' showing that Debs' original intent was to openly protest against the war. The argument of the Federal Government was that Debs was attempting to arouse mutiny and treason by preventing the drafting of soldiers into the

United States Army The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...

. This type of speech was outlawed in the United States with the Espionage Act of June 15, 1917. The defense argued that Debs was entitled to the rights of

free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

provided for in the

first amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

of the

Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...

. This was one of three cases decided in 1919 in which the Court had upheld convictions that restricted free speech.

Judgement

In its ruling on ''Debs v. United States,'' the Court examined several statements that Debs had made regarding the war. While he had tempered his speeches in an attempt to comply with the Espionage Act, the Court found he had shown the "intention and effect of obstructing the draft and recruitment for the war." Among other things, the Court cited Debs' praise for those imprisoned for obstructing the draft. In his opinion, Justice

Oliver Wendell Holmes, Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the Un ...

stated that Debs' case was essentially the same as ''

Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes ...

'' (1919), in which the Court upheld a similar conviction. The Supreme Court decided against Debs, and maintained the power of the ''Espionage Act.'' Debs' sentence to ten years imprisonment and loss of citizenship was upheld. Holmes J said the following:

Significance

Debs went to prison on April 13, 1919. While in federal prison, he was nominated for president by the Socialist Party of America in the 1920 Election for the fifth and final time despite his disfranchisement. He received 919,799 votes (3.4% of the popular vote), the most ever for a Socialist Party presidential candidate in the U.S. It was slightly more than his 900,672 total in the 1912 election, which had equaled six percent of the popular vote. (National

women's suffrage Women's suffrage is the right of women to vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vot ...

in 1920 greatly increased the total number of votes cast.) In 1921, Congress largely repealed the Espionage and Sedition Acts. On December 23, 1921 President

Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party, he was one of the most popular sitting U.S. presidents. A ...

commuted Debs' sentence to time served, effective Christmas Day. He did not issue a pardon. The two met the following day at the White House.

Notes

External links

* *
Appellate record and case briefs for ''Debs v. United States''
{{DEFAULTSORT:Debs V. United States 1919 in United States case law United States Supreme Court cases United States Free Speech Clause case law History of the Socialist Party of America Opposition to World War I United States military case law United States Supreme Court cases of the White Court United States home front during World War I Eugene V. Debs

Facts

Judgement

Significance

See also

Notes

External links