Abrams v. United States 1919

Could leaflets opposing American intervention in Russia be punished under the Sedition Act of 1918?

250 U.S. 616 (1919)Speech and press

The question: Could leaflets opposing American intervention in Russia be punished under the Sedition Act of 1918?
What the Court held: Yes, the convictions stood. Justice Holmes, joined by Justice Brandeis, dissented in an opinion later cited as a foundation of modern free speech law.
The vote: 7–2
Era: The Progressive Era and World War I
Read the opinion: 250 U.S. 616 (1919), full text

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

Where the question came from. The events behind it.

1917

Espionage Act

June 15, 1917 · Restriction of rights

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 The Sedition Act of 1918 extends it to “disloyal” speech about the government; that extension is repealed in 1920.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