Eleanor Finch
The Espionage Act of 1917 and the Sedition Act of 1918 were passed to limit criticism of the US government and its war efforts during World War I. The Espionage Act prohibited interference with military operations or recruitment, prevented insubordination in the military, and stopped support for enemies of the US during wartime. The Sedition Act amended the Espionage Act, further limiting speech by criminalizing any disloyal, profane, scurrilous, or abusive language about the US government, military, or any speech intended to incite insubordination or disloyalty. The constitutionality of these acts has been questioned, as they have been seen as violations of the First Amendment's protection of free speech. While the Sedition Act was repealed in 1920, the Espionage Act remains in place and has been used to charge individuals for leaking government information. The Supreme Court has upheld the Espionage Act as constitutional, but its relationship to free speech and the meaning of its language are still contested.
| Characteristics | Values |
|---|---|
| Purpose | To contain espionage and criticism of the government's war efforts |
| Prohibited actions | Obtaining or delivering information relating to "national defense" to a person not "entitled to have it"; interfering with military operations or recruitment; causing or attempting to cause insubordination, disloyalty, mutiny, or refusal of duty in the military; publishing false, scandalous, and malicious writings against the government; uttering or publishing "disloyal, profane, scurrilous, or abusive language" about the government, constitution, flag, or military |
| Impact on free speech | Seen as a violation of the Constitution's First Amendment; upheld as constitutional limits on free speech in a time of war; resulted in the arrest and prosecution of over 2,000 Americans |
| Enforcement | Aggressively enforced by federal prosecutors and judges, with 74 newspapers denied mailing privileges by 1918; investigations and prosecutions of street pamphleteers, socialist leaders, anarchists, whistleblowers, and journalists |
| Amendments | The Sedition Act of 1918, which amended and expanded on the Espionage Act, was repealed in 1920 or 1921, but many provisions of the Espionage Act remain |
| Constitutionality | The constitutionality of the law, its relationship to free speech, and the meaning of its language have been contested in court since its enactment |
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What You'll Learn
- The Espionage Act of 1917 prohibited obtaining or delivering information relating to national defense
- The Sedition Act of 1918 amendments made it a crime to criticise the US government
- The Alien and Sedition Acts of 1798 tightened restrictions on foreign-born Americans
- The Espionage Act has been used to charge individuals for leaking classified documents
- The constitutionality of the Espionage Act, its relationship to free speech, and the meaning of its language have been contested in court
The Espionage Act of 1917 prohibited obtaining or delivering information relating to national defense
The Espionage Act of 1917 was enacted on June 15, 1917, shortly after the United States entered World War I. The Act prohibited obtaining or delivering information relating to national defence to those not entitled to have it. It imposed stiff penalties, including the death penalty, and was based on the Defence Secrets Act of 1911. The Act was an attempt by the federal government to contain espionage and public criticism of its war efforts.
The Espionage Act of 1917 has been at the heart of several landmark Supreme Court cases. One of the first was Schenck v. United States, where the Supreme Court upheld the Act's constitutionality, ruling that the danger posed during wartime justified the restriction on First Amendment rights to freedom of speech. This set a precedent for future cases, with the Supreme Court upholding the Espionage and Sedition Acts as constitutional limits on free speech in a time of war.
The Act's relationship to free speech has been a constant source of contention, with many seeing it as a violation of the Constitution's free speech protections. In the Abrams v. United States case, Justice Oliver Wendell Holmes Jr.'s dissent introduced the concept of the free marketplace of ideas, which later gained prominence in the Court's free speech cases. Despite this, the Espionage Act survived and was amended several times, with cases after World War II focusing on leaks of government information to the public and the press.
The Espionage Act of 1917 has been invoked in modern times, with charges filed against Edward Snowden for leaking classified documents in 2013. The Act was also mentioned in the search warrant for former President Donald Trump's residence in Florida, regarding the potential removal of top-secret documents. The Act's applicability to leaks and its constitutionality continue to be debated, with some calling for its repeal or amendment.
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The Sedition Act of 1918 amendments made it a crime to criticise the US government
The Sedition Act of 1918, passed on May 16, 1918, as an amendment to the Espionage Act of 1917, made it a crime to criticise the US government, military, or its flag. It forbade the use of "disloyal, profane, scurrilous, or abusive language" about the US government or its institutions. The act also allowed the Postmaster General to refuse to deliver mail that met those standards for punishable speech or opinion. It applied only when the US was officially at war, which it was at the time of passage, during World War I.
The Sedition Act of 1918 curtailed the free speech rights of US citizens during World War I. It was seen as an instance of the government overstepping the bounds of First Amendment freedoms. The targets of prosecution under the act were typically individuals who opposed the war effort, including pacifists, anarchists, and socialists. Violations of the act could lead to up to 20 years in prison and a fine of $10,000. More than 2,000 cases were filed by the government under the Espionage Act of 1917 and the Sedition Act of 1918 combined, with over 1,000 convictions.
The Sedition Act amendments made it a crime to "'willfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language' about the US government or Constitution. The act was at the heart of several landmark Supreme Court cases in the years just after World War I. In one notable case, Socialist Party figure Eugene V. Debs of Indiana was arrested for violating the Sedition Act by undermining the government's conscription efforts. He was sentenced to ten years in prison.
The Sedition Act of 1918 was repealed in 1920, although the Espionage Act remained in force and was revised in 1948 and 1950. The Sedition Act amendments were part of a broader pattern of legislation aimed at suppressing dissent and criticism of the government, including the Alien and Sedition Acts of 1798, which also restricted speech critical of the government.
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The Alien and Sedition Acts of 1798 tightened restrictions on foreign-born Americans
In 1798, the United States stood on the brink of war with France. The Federalist Party, which advocated for a strong central government, believed that Democratic-Republican criticism of Federalist policies was disloyal. They also feared that "aliens", or non-citizens, living in the United States would sympathize with the French during the war. As a result, a Federalist-controlled Congress passed four laws, known collectively as the Alien and Sedition Acts. These laws tightened restrictions on foreign-born Americans and limited freedom of speech.
The Alien and Sedition Acts of 1798 were a set of four United States statutes that sought, on national security grounds, to restrict immigration and limit First Amendment protections for freedom of speech. The four acts were:
- The Alien Act, which allowed the president to deport any person deemed dangerous to the country during peacetime, and arrest, imprison, and deport them during wartime.
- The Sedition Act, which made it illegal to publish "false, scandalous, and malicious writing" against the government or the president, with the intent to defame or bring them into "contempt or disrepute".
- The Act Concerning Aliens, which raised the residency requirements for citizenship from 5 to 14 years.
- The Alien Enemies Act, which authorized the president to apprehend, restrain, secure, and deport all males above the age of 14 who were citizens of a hostile nation and residing in the United States during a time of declared war.
The prosecution of journalists under the Sedition Act rallied public support for the opposition Democratic-Republicans, and contributed to their success in the elections of 1800. The controversies surrounding the Alien and Sedition Acts also provided some of the first tests of the limits of freedom of speech and press.
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The Espionage Act has been used to charge individuals for leaking classified documents
The Espionage Act of 1917 was enacted to contain espionage and public criticism of the federal government's war efforts during World War I. Over the years, the Act has been used to charge individuals for leaking classified documents.
In 1971, the Act was used in an attempt to prevent the New York Times and the Washington Post from publishing classified documents about the Vietnam War in the Pentagon Papers Case. The Supreme Court, however, settled a free speech issue in this case, stating that an American citizen has the right to discuss matters pertaining to the government and its allies without running afoul of the Espionage Act.
In 2017, Reality Leigh Winner was charged under the Espionage Act for "willful retention and transmission of national defense information". She pleaded guilty and was sentenced to five years and three months in prison, followed by three years of supervised release. In 2019, WikiLeaks founder Julian Assange was also charged with violating the Espionage Act by seeking and disseminating classified information related to the national defense of the United States. He pleaded guilty to the charges.
In another instance, Air National Guardsman Jack Teixeira was charged with two counts under the Espionage Act for leaking classified information. Teixeira allegedly shared classified information on an online chat service called Discord. Additionally, in 2019, US Air Force veteran Daniel Hale was indicted on three charges under the Espionage Act for leaking classified documents about the US military's drone program. Hale pleaded guilty to one count of unlawful retention and transmission of "national defense information".
The use of the Espionage Act to charge individuals for leaking classified documents has raised concerns about its constitutionality. Pentagon Papers whistleblower Daniel Ellsberg argued that the Act makes a fair trial unavailable to Americans who expose classified wrongdoing. Legal scholars have questioned the Act's applicability to leaks to the American public, suggesting that it should be found overbroad and unconstitutional without a public interest defense.
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The constitutionality of the Espionage Act, its relationship to free speech, and the meaning of its language have been contested in court
The Espionage Act of 1917, enacted shortly after the United States entered World War I, has been a source of contention regarding its constitutionality, its impact on free speech, and the interpretation of its language. The Act aimed to prevent interference with military operations and prevent support for the US's enemies during wartime. However, its broad language led to its use to suppress dissent and criticism of the government and the war effort.
The constitutionality of the Espionage Act has been challenged in court on several occasions, with the Supreme Court upholding its constitutionality in cases such as Schenck v. United States (1919) and Abrams v. United States (1919). The Court ruled that the dangers posed during wartime justified the restrictions on First Amendment rights to freedom of speech. However, the Act's broad language and its impact on free speech have been a persistent source of debate.
The Espionage Act's relationship with free speech is particularly contentious. The Act criminalized "disloyal, profane, scurrilous, or abusive language" about the government or military and targeted individuals who caused or attempted to cause insubordination, disloyalty, or refusal of duty in the military. This led to the prosecution of individuals expressing anti-war sentiments and criticizing the government, raising questions about the boundaries of free speech during times of national crisis.
The meaning and interpretation of the Espionage Act's language have also been contested in court. The Act's broad and vague wording, such as the definition of "national defense" and "disloyal, profane, scurrilous, or abusive language," has led to varying interpretations and applications. This ambiguity has allowed for a wide range of actions to be prosecuted under the Act, including leaking classified information, distributing anti-war pamphlets, and criticizing government policies.
While the Sedition Act amendments to the Espionage Act were repealed in 1921, the original Espionage Act remains in place, and charges have been filed under it as recently as 2013. The Act continues to be invoked in cases involving leaks of government information and national security matters, highlighting the ongoing relevance and impact of this century-old legislation.
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Frequently asked questions
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It was intended to prohibit interference with military operations or recruitment, prevent insubordination in the military, and stop support for enemies of the United States during wartime.
The constitutionality of the Espionage Act, its relationship to free speech, and the meaning of its language have been contested in court ever since its enactment. The Act has been viewed as conflicting with the Constitution's First Amendment, which protects freedom of speech.
The Sedition Act of 1918 was a set of amendments to the Espionage Act, prohibiting many forms of speech, including "disloyal, profane, scurrilous, or abusive language" about the United States government, military, or flag.
Like the Espionage Act, the Sedition Act was also seen as conflicting with the First Amendment. It limited speech critical of the government and the war effort, and resulted in the arrest and prosecution of Americans for their speech. The Act was repealed in 1920 or 1921, but its impact on free speech during a critical time in American history remains a significant constitutional issue.
Yes, there have been recent cases and discussions involving the Espionage Act, but the Sedition Act has not been frequently invoked in recent times. Recent cases involving the Espionage Act include charges against Edward Snowden in 2013 for leaking classified documents and the 2022 search of former President Donald Trump's residence for potentially classified documents.
