D. Abrams (1919): Ds, American socialists, were convicted of violating a portion of the Espionage Act, which prohibited urging any curtailment of war production with intent to hinder the U.S. prosecution of WWI. Specifically, Ds were charged with four counts: (1) “disloyal scurrilous and abusive language about the form of U.S. government”; (2) “language intended to bring the form U.S. government into contempt, scorn, contumely and disrepute”; (3) “language intended to incite, provoke and encourage resistance to the U.S. in WWI”; (4) and “conspiring when the U.S. was at war with the Imperial German Government…
unlawfully and willfully, by utterance, writing, printing and publication, to urge, incite and advocate curtailment of production of things and products, to wit, ordnance and ammunition, necessary and essential to the prosecution of the war.” Ds had published two pro-Bolshevik leaflets, which attacked the U.S. production and supplying of arms that might be used against Russia (against whom the U.S. had not declared war); neither leaflet was pro-German, and in fact one was violently against German militarism. The leaflets urged workers not to make bullets which would be used not only against Germans but Russians as well. Ds were all convicted. Does the First Am. protect the leaflets that D was convicted for publishing?
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