DEBS v. UNITED STATES

Print this Page
Case Basics
Docket No. 
714
Petitioner 
Eugene V. Debs
Respondent 
United States
Decided By 
White Court (1916-1921)
Opinion 
249 U.S. 211 (1919)
Argued 
Monday, January 27, 1919
Decided 
Monday, March 10, 1919
Advocates
Seymour Stedman
(argued the cause for the plaintiff in error)
John Lord O'Brian
(argued the cause for the United States)
Term:
Location: Nimisilla Park
Facts of the Case 

The Espionage Act of 1917 made it a crime to "convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies." This had the effect of constraining sedition and political speech. On June 16, 1918, Eugene V. Debs, a leader of the Socialist Party of America, gave a speech in Canton, Ohio protesting involvement in World War I. During the speech, he discussed the rise of socialism and specifically praised individuals who had refused to serve in the military and obstructed military recruiting. For his speech, Debs was arrested and charged with violating the Espionage Act. At trial, Debs argued the Espionage Act violated his right to free speech under the First Amendment. A federal district court rejected his claim and sentenced Debs to ten years in prison.

Question 

Did Debs' conviction under the Espionage Act of 1917 violate his First Amendment rights to freedom of speech?

Conclusion 

No. In a unanimous opinion authored by Justice Oliver Wendell Holmes, the Court found that Debs' case was clearly similar to Schenck v. United States (1919). In Schenck, the Court had concluded that the arrest of an individual for distributing leaflets encouraging readers to oppose the draft was constitutional. The Court found Debs' sympathy for individuals convicted of opposing the draft and obstructing recruitment analogous to the situation in Schenck. Thus, Debs' conviction was upheld.

Cite this Page
DEBS v. UNITED STATES. The Oyez Project at IIT Chicago-Kent College of Law. 12 February 2012. <http://www.oyez.org/cases/1901-1939/1918/1918_714>.
DEBS v. UNITED STATES, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1901-1939/1918/1918_714 (last visited February 12, 2012).
"DEBS v. UNITED STATES," The Oyez Project at IIT Chicago-Kent College of Law, accessed February 12, 2012, http://www.oyez.org/cases/1901-1939/1918/1918_714.