Schenck and Abrams Cases
The subsequent Abrams case, brought under the 1918 Sedition Act, involved the trial of an anarchist Russian immigrant, Jacob Abrams, and his supporters for distributing pamphlets, mainly in Yiddish, calling for a general strike to protest the presence of U.S. troops in Siberia during the Russian Revolution. The Supreme Court sustained conviction following a “bad tendency” test, but Holmes, responding to his critics, dissented. He saw no clear and present danger, but he also took the occasion to argue that free speech served broad social purposes and that the national interest would suffer more from restricting speech, however controversial, than from allowing it to be injected into the marketplace of ideas.
[See also Espionage and Sedition Acts of World War I; Supreme Court, War, and the Military.]
Paul L. Murphy , World War I and the Origin of Civil Liberties in the United States, 1979.
Richard Polenberg , Fighting Faiths: The Abrams Case, the Supreme Court, and Free Speech, 1987.
Paul L. Murphy
"Schenck and Abrams Cases." The Oxford Companion to American Military History. . Encyclopedia.com. (May 23, 2017). http://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/schenck-and-abrams-cases
"Schenck and Abrams Cases." The Oxford Companion to American Military History. . Retrieved May 23, 2017 from Encyclopedia.com: http://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/schenck-and-abrams-cases
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