Reading questions for Monday, September 17

Definitions

treason: the offense of attempting to overthrow the government of one's country or of assisting its enemies in war; specifically the act of levying war against the United States or adhering to or giving aid and comfort to its enemies by one who owes it allegiance

espionage: the practice of gathering, transmitting, or losing through gross negligence information relating to the defense of the U.S. with the intent that or with reason to believe that the information will be used to the injury of the U.S. or the advantage of a foreign nation

sedition: the crime of creating a revolt, disturbance, or violence against lawful civil authority with the intent to cause its overthrow or destruction  (compare criminal syndicalism sabotage)

 syndicalism: a doctrine or practice promoting the revolutionary seizure of government and industry  (see also criminal syndicalism)

 criminal syndicalism: advocacy of unlawful means (as acts of violence) to bring about a change in industry or government  (compare sabotage sedition)

 From “Freedom Under Fire”

1.  How was martial law used between Civil War and WWI?
2. How did local authorities and communities violate civil liberties of others? 
3. What were Espionage and Sedition Acts?  What activities did they criminalize?
4.  How were press and films censored? 
5.  How were elected legislators kept from taking their seats?  Who were they? 

From Espionage Act

Look at the language of the Act itself .  What acts are illegal?  Can you give some examples of activities or behavior that would be a crime?

From Schenck v. United States

1.  What, specifically, did Albert Schenck do? 
   What are the three counts of the indictment that was brought against him?
2. What exactly did the leaflet say?
3. What does the Court give as examples on the limitations of Free Speech?
4. What is the test that the Court uses to determine if language is covered by the act and, therefore, illegal?
5. What difference does it make, according to the Court, whether we are at war?  How does that change the test for whether speech is illegal?  Do you agree or disagree with the Court on this point?

 From Abrams v. United States 

1. What did the defendants do?
2. Who were the defendants?  Where did they come from?  Do you think that is significant to this case?  What is Yiddish (the other language the leaflet was printed in)?
3. What did the pamphlet say?  How was it distributed?
4. The Court says “Men must be held to have intended, and to be accountable for, the effects which their acts were likely to produce.”  What does the Court mean here?  Why is it important to the case?
5. Justice Holmes in his dissent calls it a “silly leaflet by an unknown man.”  Do you agree with Holmes or the majority about the dangerousness of the leaflet?
6. What does Holmes mean when he says “… the ultimate good desired is better reached by the free trade of ideas – that the best test of truth is the power of the thought to get itself accepted in competition of the market.”  What does he mean?  Do you agree or disagree with him?

 From Milwaukee Leader v. Burleson 

1. What part of the Espionage Act is this case about?
2. Why does the Court find that the power over mail is not dangerous or arbitrary? Does this make sense to you?
3. What is it in the newspaper that the Postmaster finds objectionable?
4. The Court says: “The Constitution was adopted to preserve our Government, not to serve as a protecting screen for those who while claiming its privileges seek to destroy it.”  Do you agree or disagree with this?  Why?