THE ESPIONAGE ACT

For the first time since the Alien and Sedition Acts of 1798, the federal government enacted laws to restrict freedom of speech. The Espionage Act of 1917 prohibited not only spying and interfering with the draft but also “false statements” that might impede military success. The postmaster general barred from the mails numerous newspapers and magazines critical of the administration. The victims ranged from virtually the entire socialist press and many foreign-language publications to The Jeffersonian, a newspaper owned by ex-Populist leader Tom Watson, which criticized the draft as a violation of states’ rights. In 1918, the Sedition Act made it a crime to make spoken or printed statements that intended to cast “contempt, scorn, or disrepute” on the “form of government,” or that advocated interference with the war effort. The government charged more than 2,000 persons with violating these laws. Over half were convicted. A court sentenced Ohio farmer John White to twenty-one months in prison for saying that the murder of innocent women and children by German soldiers was no worse than what the United States had done in the Philippines in the war of 1899-1903.

The most prominent victim was Eugene V. Debs, convicted in 1918 under the Espionage Act for delivering an antiwar speech. Before his sentencing, Debs gave the court a lesson in the history of American freedom, tracing the tradition of dissent from Thomas Paine to the abolitionists, and pointing out that the nation had never engaged in a war without internal opposition. Germany sent socialist leader Karl Liebknecht to prison for four years for opposing the war; in the United States, Debs’s sentence was ten years. After the war’s end, Wilson rejected the advice of his attorney general that he commute Debs’s sentence. Debs ran for president while still in prison in 1920 and received 900,000 votes. It was left to Wilson’s successor, Warren G. Harding, to release Debs from prison in 1921.

A 1917 antiwar cartoon from the radical magazine The Masses depicts an editor, capitalist, politician, and minister celebrating American involvement in World War I and hoping to benefit from it. President Woodrow Wilson barred The Masses and other antiwar publications from the mails.

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