h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

Entry: The Freedom to Insult Politicians: Eugene V Debs and the Sedition Act - A87832650
Author: Dmitri Gheorgheni - U1590784

I decided that what PR needed was more Eugene V Debs. He was one of the coolest people hte US ever had the privilege of producing.

Besdides, this will help all you US history students pass your exams...

DG

A very interesting entry - did nobody challenge it (even if unsuccessfully) under the 1st amendment?

A very good article. I was a bit confused initially after misreading 'Eugene V Debs' I had expected to read a court case between someone called Eugene and someone else called Debs, but I should have noticed that capital V

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Aha, like 'Kramer v Kramer'? We always call him 'Eugene V Debs', I dunno why...

Actually, that's a great question about the challenge. It's just that the explanation is monstrously long.

The challenge was issued by Eugene V Debs' fellow-SOcialist, Charles Schenck. Schenck mailed out 15,000 pamphlets to draftees, telling them that conscription violated the 13th Amendment - the prohibition against 'involuntary servitude' - in his humble opinion.

Schenck was arrested. He appealed to the Supreme Court, on the grounds that the Espionage Act of 1917 - the law he was arrested under - violated the 1st Amendment.

The Supreme Court upheld the law - which caused no end of trouble.

1. Schenck v United States was a landmark decision.
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2. The opinion included the fateful analogy of 'shouting Fire! in a crowded theatre'.

3. It wasn't amended until 1969. I believe the issues then was the entagon Papers.

You see why I didn't want to get into it.

But yes - very big deal.

See now i'm interested - has a case about conscription and the 13th amendment ever made it to the supreme court?

No - they stopped that time bomb at the 1st Amendment.

At least, not that I'm aware of.

By the way, Schenck only got six months for the pamphlet.

Here's a copy, if you're curious:

http://www.english.illinois.edu/-people-/faculty/debaron/380/380reading/schenckpamphlet.html

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