Senators are elected directly by the people of each state, replacing election by state legislatures.
Decisions and events within six years of ratification.
1917
Two months after the United States enters World War I, Congress makes it a crime to interfere with military operations or recruitment. The Sedition Act of 1918 extends it to “disloyal” speech about the government; that extension is repealed in 1920.
Source: National Archives
1918
No. Manufacturing was not commerce, and the law reached into matters reserved to the states.
Source: Opinion of the Court
1919
No. Speech that creates a “clear and present danger” of evils Congress may prevent can be punished, especially in wartime.
Source: Opinion of the Court
1919
Yes, the convictions stood. Justice Holmes, joined by Justice Brandeis, dissented in an opinion later cited as a foundation of modern free speech law.
Source: Opinion of the Court