http://www.oyez.org/cases/1901-1939/1919/ U.S. Supreme Court Decisions, presented by The Oyez Project (www.oyez.org) en-us <p>Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment?</p><p>No and no. The act's amendments are constitutional and the defendants' convictions are affirmed. In Clarke's majority opinion, the leaflets are an appeal to violent revolution, a call for a general strike, and an attempt to curtail production of munitions. The leaflets had a tendency to encourage war resistance and to curtail war production. Holmes and Brandeis dissented on narrow ground: the necessary intent had not been shown. These views were to become a classic libertarian pronouncement.</p> http://www.oyez.org/cases/1901-1939/1919/1919_316/ <p>Did the treaty infringe upon rights reserved to the states by the Tenth Amendment?</p><p>No. In a 7-to-2 decision, the Court held that the national interest in protecting the wildlife could be protected only by national action. The Court noted that the birds the government sought to protect had no permanent habitats within individual states and argued that "[b]ut for the treaty and the statute there soon might be no birds for any powers to deal with." The Court thus upheld the exercise of the treaty power and thus found no violation of the Tenth Amendment.</p> http://www.oyez.org/cases/1901-1939/1919/1919_609/