– “The state’s determination [to pass an Act that prohibits speech because it allegedly endangers the public peace and the security of the state] is given great weight [by the court].” Why does the US Sup. Ct. here give more deference—“great weight”–to the Crim Synd Act than it had the Espionage Act. Because the Espionage Act proscribed acts, not speech; speech became relevant only because the prosecution claimed that the speech constituted an attempt, or conspiracy, to bring about the forbidden act. But the Crim Synd Act was a statute that directly forbade certain types of speech, and thus was given judicial deference presumably because the legislature contemplated the effect on speech with the Act more than it did with the Espionage Act.
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