Writing for the minority, Holmes presented a new judicial philosophy for regulating speech, in which ideas-good or bad, benign or dangerous-are free to compete in a marketplace of ideas. Seven justices claimed that the action met the “clear and present danger” test, but not Holmes and Brandeis. interference in the Bolshevik Revolution.
At issue was the conviction of two Russian immigrants who threw leaflets from an apartment window in 1918 denouncing U.S. United States, argued before the Supreme Court a year after the end of World War I, the justices were split. Holmes and another justice, Louis Brandeis, appear to have had a change of heart. Shortly after his arrest, Debs wrote a friend, “I am expecting nothing but conviction under a law flagrantly unconstitutional and which was framed especially for the suppression of free speech.” But federal prosecutors and judges, following Wilson’s lead, fixated on Section 3 of the Espionage Act, which targeted individuals who “willfully cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty” in the military. The Espionage Act of 1917 was passed just two months after America entered World War I and was primarily intended by Congress to combat actual espionage on behalf of America’s enemies, like publishing secret U.S. READ MORE: When the US Used Propaganda to Sell Americans on WWI Wilson publicly stated that disloyalty to the war effort “must be crushed out” and that disloyal individuals had “sacrificed their right to civil liberties” like free speech and expression. entry into World War I, so it launched a sweeping propaganda campaign to instill hatred of both the German enemy abroad and disloyalty at home. The Wilson administration knew that many Americans were conflicted about the U.S. Photo12/Universal Images Group/Getty Images A propaganda poster from the US intelligence office during WWI, depicting Kaiser Wilhelm II as a spider.
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