By the early 1900s, the United States started to develop the confines of when freedom of speech and the press is valid through the court of law. The government has had a history of censoring people or the media for publishing criticism or scandalous news about the government, especially during times of war. For the most part, the freedom of speech has prevailed; however, many cases had to go through the supreme court to create a precedent on how freedom on speech and press should be handled that is still be crafted today.
Masses Publishing Co. V. Patten (1917) In 1917, during World War I, the Espionage Act passed, which prohibited citizens from encouraging other citizens to violate the law. As result, the New York post office deemed that it had the right to refuse delivery of publications they thought radical or was influencing people to commit illegal activity. The government walked a thin line of deciding if a published work should be considered just unpopular speech or actual threats national security.
Masses Publishing brought the case to the United States District Court for the Southern District of New York, where Judge Hand declared the actions of the postmaster a violation of the first amendment. Even though the ruling was over ruled in the …show more content…
Similar to the Schenck’s case, it could inferred from the leaflets words that Abrams intended to hinder the war efforts and that it could pose as imminent danger in the later future. Abrams apparently broke the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge “curtailment of production of the materials necessary to the war against Germany with intent to hinder the progress of the war,” which theoretically Abrams
Masses Publishing Co. V. Patten (1917) In 1917, during World War I, the Espionage Act passed, which prohibited citizens from encouraging other citizens to violate the law. As result, the New York post office deemed that it had the right to refuse delivery of publications they thought radical or was influencing people to commit illegal activity. The government walked a thin line of deciding if a published work should be considered just unpopular speech or actual threats national security.
Masses Publishing brought the case to the United States District Court for the Southern District of New York, where Judge Hand declared the actions of the postmaster a violation of the first amendment. Even though the ruling was over ruled in the …show more content…
Similar to the Schenck’s case, it could inferred from the leaflets words that Abrams intended to hinder the war efforts and that it could pose as imminent danger in the later future. Abrams apparently broke the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge “curtailment of production of the materials necessary to the war against Germany with intent to hinder the progress of the war,” which theoretically Abrams