Civil Liberties during WartimeCivil Liberties during Wartimepg. 27 – Unit 5 Study Packetpg. 27 – Unit 5 Study Packet

Civil Rights During WartimeCivil Rights During Wartime 1790’s – 1790’s – Alien and Sedition ActsAlien and Sedition Acts during during

undeclared naval war with France (limited undeclared naval war with France (limited freedom of speech/press)freedom of speech/press)

1860’s Civil War1860’s Civil War – Lincoln suspended the – Lincoln suspended the writ of habeas corpus;writ of habeas corpus; ( could arrest ( could arrest people without charging them with a people without charging them with a crime)crime)

World War IWorld War I – acts of sabotage on – acts of sabotage on American property by the Germans caused American property by the Germans caused fear for national security during wartimefear for national security during wartime

Congress reactedCongress reacted Espionage ActEspionage Act – 1917 – 1917 Prohibited disclosure Prohibited disclosure

of gov’t or industrial of gov’t or industrial info regarding info regarding national defensenational defense

Criminalized refusal Criminalized refusal to perform military to perform military obligations if obligations if conscriptedconscripted

$10,000 fine/20 $10,000 fine/20 yearsyears

Sedition ActSedition Act – 1918 – 1918 Prohibited Prohibited

expression of anti-expression of anti-war & unpatriotic war & unpatriotic sentimentssentiments

Penalties if Penalties if convicted of convicted of “disloyal, scurrilous “disloyal, scurrilous or abusive language or abusive language against gov’t, its against gov’t, its actions, or its actions, or its symbols”symbols”

Eugene Debs – President of the Eugene Debs – President of the Socialist PartySocialist Party

Sentenced to 10 Sentenced to 10 years in prison for years in prison for calling these laws calling these laws unconstitutionalunconstitutional

Emma GoldmanEmma Goldman

Anarchist and Anarchist and political activist who political activist who protested against protested against the living and the living and working conditions working conditions in the USin the US

Deported to Russia Deported to Russia as an “foreign born as an “foreign born radical” aboard radical” aboard “Soviet Ark”“Soviet Ark”

Others were prosecutedOthers were prosecuted

Members of the Members of the International International Workers of the Workers of the World were World were imprisoned for anti-imprisoned for anti-war dissent war dissent (protest)(protest)

Conscientious ObjectorsConscientious Objectors Those who refuse on Those who refuse on

moral or religious moral or religious grounds to bear arms grounds to bear arms in a military conflict or in a military conflict or to serve in the armed to serve in the armed forces. forces.

John T. Neufeld was John T. Neufeld was sentenced to 15 years sentenced to 15 years hard labor in the the hard labor in the the military prison in military prison in Leavenworth. He was Leavenworth. He was later paroled. later paroled.

Go to pg. 29 in Unit 5 Study Packet

Schenck v. U.S.Schenck v. U.S.(1919)(1919)

Chief Justice: Edward D. WhiteChief Justice: Edward D. White

The Case of Charles SchenckThe Case of Charles Schenck

Charles SchenckCharles Schenck, General Secretary , General Secretary of the of the SocialistSocialist Party, Party, opposedopposed the the war war

Was arrested and convicted for Was arrested and convicted for violations of the violations of the Espionage ActEspionage Act Mr. Schenck had mailed out 15,000 Mr. Schenck had mailed out 15,000

leaflets urging opposition to the draftleaflets urging opposition to the draft

Constitutional IssueConstitutional Issue

Did the Espionage Act violate theDid the Espionage Act violate the

11stst Amendment Amendment protection of freedom protection of freedom of speech?of speech?

DecisionDecision

Unanimous decision by the CourtUnanimous decision by the Court Espionage Act Espionage Act waswas constitutional constitutional Free speech was Free speech was not an absolute rightnot an absolute right Civil liberties may be limited during wartimeCivil liberties may be limited during wartime Mr. Schenck’s speech was not Mr. Schenck’s speech was not

constitutionally protected because it posed constitutionally protected because it posed a a “clear and present danger”“clear and present danger” to the to the country and the nation’s war effortcountry and the nation’s war effort

Conviction was upheldConviction was upheld

ImportanceImportance

Court established the belief that a Court established the belief that a person’s rights are not absolute person’s rights are not absolute (for all times (for all times and in all places).and in all places).

The right to free speech does not allow The right to free speech does not allow a person to shout “fire” in a crowded a person to shout “fire” in a crowded theater.theater.

The Court’s “clear and present danger” The Court’s “clear and present danger” ruling allows the restrictions of ruling allows the restrictions of individual rights in the interest of individual rights in the interest of national securitynational security