INTRODUCTION TO THE NATIONAL SECURITY CASES
1.
The Espionage Act of 1917 and the 1918 Amendments
A.
April 6, 1917:
Congress declares war on Germany
May 18, 1917:
Congress enacts the Selective Service Act
·
Most
Americans agreed with U.S. participation in the war, and most agreed with
the need for conscription (a draft).
·
While
existing sedition laws allowed for prosecution of critics of U.S. policy,
the Justice Dept. argued that stronger laws were needed.
B.
Congress passes the Espionage Act of 1917
·
Section
3 of the Act was the most heinous.
·
Justice
officials argued that the Act didn’t go far enough.
C. 1918, Congress passes
Amendments to 1917 Act
·
The
Amendments proscribed all utterances of a disloyal character.
2.
Prosecutions under the Espionage Act
A.
More than 2,000 persons were prosecuted.
B. November 11, 1918: WW
I ends as the armistice is signed.
C. January 9-10, 1919: The
USSC hears the first appeal of a conviction under the Espionage Act (Schenck).
3.
Aftermath
·
The
1918 Amendments were repealed on March 3, 1921.
·
The
1917 Espionage Act was still in force when the U.S. entered World War II.