Constitutional Law
- Stone, Seidman, Sunstein, Tushnet, Karlan
- 6th Edition
- ISBN: 978-0735577190
| Page | Case Name | Citation | Court | Audio |
|---|---|---|---|---|
| 1038 | Abrams v. United States | 250 U.S. 616 | Supreme Court of the United States, 1919 |  Download |
| Case Information | Fact Summary | Rule of Law |
|---|---|---|
|
Abrams v. United States Supreme Court of the United States, 1919 250 U.S. 616 Pg. 1038 |
For printing two leaflets (one in Yiddish) that chiefly expressed solidarity with the Russian Revolution, and then distributing these leaflets mostly by heaving them out a window, defendants were charged with violating the Espionage Act, convicted for inciting resistance to the war effort and sentenced to 20 years in prison. | Punishing criticism of U.S. war efforts outweigh First Amendment protections. However, this case is known today for Justice Holmes' eloquent dissent: "[T]he best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment. . . I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe . . ., unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country." |