Abrams v. United States

1919

Venue: SCOTUS

Facts: Sedition act of 1919 this time: five guys toss anarcho-socialist pamphlets from windows in NY, attacking the Allied incursion into Russia.

Posture: Dunno.

Issue: Can the government restrict speech this way?

Holding: Yes, guilty as charged.

Rule: The language of the statute.

Reasoning: The circulars were plainly intended to encourage resistance to the US in war, and encourage strikes in ammo factories.

Dicta: Holmes, dissenting: how would a silly leaflet by an unknown man present any immediate danger?