Debs v. United States, 249 U.S. 211 (1919)


Facts of the Case
On 16 June 1918 Debs made an anti-war speech in Canton, Ohio, protesting US involvement in World War I, and he was subsequently arrested under the Sedition Act of 1918. He was convicted and sentenced to serve ten years in prison and disenfranchised for life.

The case against Debs was presented in a document entitled Anti-War Proclamation and Program showing that Debs's 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. This sort of sentiment and speech was outlawed in United States with the Espionage Act of June 15, 1917.

Question
Was the Espionage Act as applied to Debs an unconstitutional infringement on First Amendment rights?

Conclusion
No.  "Evidence that the defendant accepted this view [that he should do anything within his power to discourage enlistment of Americans into the army] and this declaration of his duties at the time that he made his speech is evidence that if in that speech he used words tending to obstruct the recruiting service he meant that they should have that effect. The principle is too well established and too manifestly good sense to need citation of the books. We should add that the jury were most carefully instructed that they could not find the defendant guilty for advocacy of any of his opinions unless the words used had as their natural tendency and reasonably probable effect to obstruct the recruiting service, &c., and unless the defendant had the specific intent to do so in his mind."