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Article
“Clear and Present Danger”: The Legacy of the 1917 Espionage Act in the United States
Historical Reflections/Reflexions Historiques
  • Petra DeWitt, Missouri University of Science and Technology
Abstract

During the Great War the frenzy to control opposition to war resulted in several efforts to limit freedom of speech. State legislation, gubernatorial proclamations, and municipal ordinances had the immediate impact of controlling dissent, but the cessation of the war ended such activities. Congressional passage of the Espionage Act in 1917 changed this dynamic and left behind a long-term legacy. Several cases argued on behalf of defendants imprisoned for opposing the nation’s war effort arrived at the United States Supreme Court for review. Justices for the first time defined the boundaries of the First Amendment by arguing that expressions could pose a “clear and present danger” during a national crisis. This interpretation has led to passage of recent legislation, including the USA PATRIOT Act, and has been used to justify the arrest of individuals who leak sensitive information.

Department(s)
History and Political Science
Keywords and Phrases
  • Abrams v. United States (1919),
  • Espionage Act,
  • First Amendment,
  • Oliver Wendell Holmes,
  • Pentagon Papers,
  • Schenk v. United States (1919),
  • Sedition Act,
  • Whistleblowers
Document Type
Article - Journal
Document Version
Citation
File Type
text
Language(s)
English
Rights
© 2016 Berghahn Journals, All rights reserved.
Publication Date
6-1-2016
Publication Date
01 Jun 2016
Disciplines
Citation Information
Petra DeWitt. "“Clear and Present Danger”: The Legacy of the 1917 Espionage Act in the United States" Historical Reflections/Reflexions Historiques Vol. 45 Iss. 2 (2016) p. 115 - 133 ISSN: 0315-7997; 1939-2419
Available at: http://works.bepress.com/petra-dewitt/4/