Soon after the United States entered World War I, the Espionage Act of 1917 was an enacted. This act prohibited interference with military operations and recruitment, for such activities undermined wartime efforts. During the same period, the Socialist headquarters, which Scheck was general secretary of, mailed out thousands of pamphlets urging men to avoid the draft, which led him to be charged and prosecuted for “conspiracy to violate the Espionage Act,” among other counts. (October Term 1918, pg. 48). After being found guilty, Schneck appealed his case, arguing that the First Amendment prevented Congress from enacting laws that violated freedom of speech, to which the court replied, that in “many places and in ordinary times” his writing would have been permitted, but not in times of war. (October Term 1918, pg. 52). This case allowed the government is allowed to limit our rights, even prosecuting citizens for voicing their opinion about the governments’ actions. Regardless of what rights our constitution guarantees us, it is all thrown out the window during the …show more content…
entered World War I, the Alien Registration Act of 1940, also known as the Smith Act, was passed during World War II. The difference is that the latter was not disguised as a war effort, but instead it simply “made it a crime ‘to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability or propriety of overthrowing or destroying any government in the United States by force or violence.” (Great American Trials, pg. 458) In July of 1948, eleven men, all leaders of Communist parties, were charged with conspiring to “organize as the Communist Party and to willfully advocate and teach the principles of Marxism-Leninism,” which in the governments’ eyes meant that they were in a near future planning to violently overthrow the government. (About the Smith Act Trials, pg. 1) When they appealed their case to the Supreme Court in Dennis v. U.S. Appeal (1951), the court upheld the original ruling. They argued that Congress was not getting rid of freedom of speech, but instead it limited the groups they felt were so highly organized that with such political unrest in the rest of the world, the mere “existence of the conspiracy” creates danger. (Great American Trials, pg.