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| | | Frohwerk v. United States (docket #: 685) (1919)
[Findlaw]
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Secondary Link
| Frohwerk v. United States |
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Argument Date
| 01/27/1919 |
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Decided
| 3/10/1919 |
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Supreme Court Vote
| 9-0 |
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Note
| Jacob Frohwerk, a onetime copy editor for a Missouri German-language newspaper, was sentenced to 10 years imprisonment for helping to prepare and publish antidraft articles. He was also fined $500. |
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Supreme Court Ruling
| First Amendment claim denied. |
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| | | Issue | Whether articles published in a Missouri German-language newspaper were protected by the First Amendment against charges that they attempted to cause disloyalty, mutiny and refusal of duty in the military and naval forces in a time of war. Can words of persuasion alone, with no agreed-upon means to obstruct recruitment, constitute a conspiracy that violates the Espionage Act? | |
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Majority Opinion
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Holmes, J. (9-0) |
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Lower Court
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8th Circuit |
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Lower Court Ruling
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First Amendment claim denied |
| Lawyers |
Frans E. Lindquist (for Plaintiff in Error)
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| Other |
Cole, David, "Agon at Agora: Creative Misreadings in the First Amendment Tradition," 95 Yale L.J. 857, 875-892 (1986)
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Collins, Ronald & Skover, David, "What is War? -- Free Speech in Wartime," 36 Rutgers Law Journal (No. 3, 2005)
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Geoffrey R. Stone, Perilous Times: Free Speech in Wartime (Norton, 2004)
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Pohlman, H.L., JUSTICE OLIVER WENDELL HOLMES: FREE SPEECH & THE LIVING CONSTITUTION (1991), pp. 70-72
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Sheldon M. Novick, "The Unrevised Holmes & Freedom of Expression," 1991 Supreme Court Review 303
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