Abrams
v.
United
States
250
U.S.
616
(1919
–
World
War
I)
Summary
The
Espionage
Act
of
1917,
passed
shortly
after
the
U.S.
entered
World
War
I,
made
it
illegal
to
interfere
with
the
operation
or
success
of
the
U.S.
armed
forces
or
to
promote
the
success
of
its
enemies.
A
1918
Amendment
(Sedition
Act)
to
the
law
made
it
illegal
to
criticize
the
government.
In
the
Abrams
case,
the
Supreme
Court
ruled
the
law
did
not
violate
the
First
Amendment
rights
of
citizens.
The
Court
held
that
circulars
advocating
a
general
strike
of
workers
in
ammunition
factories
was
in
violation
of
the
law,
because
they
were
intended
to
provoke
resistance
to
the
U.S.
war
effort.
The
ruling
was
overturned
in
Brandenburg
v.
Ohio.
Arizona
Teaching
Standards
Courts
and
Constrained
Liberties
During
Times
of
War
• 7th
Grade
Strand
3:
Civics
and
Government
Concept
2:
Structure
of
Government
PO1e
Judicial
Review
• 8th
Grade
Strand
1:
American
History
Concept
10:
Contemporary
United
States
PO8
Identify
the
connection
between
current
and
historical
events
and
issues
studied
at
this
grade
level
using
information
from
class
discussions
and
various
resources
(e.g.,
newspapers,
magazines,
television,
Internet,
books,
maps)
• High
School
Strand
1:
American
History
Concept
1:
Research
Skills
for
History
PO6
Apply
the
skills
of
historical
analysis
to
current
social,
political,
geographic,
and
economic
issues
facing
the
world
Concept
10:
Contemporary
United
States
PO2
Identify
the
connection
between
current
and
historical
events
and
issues
using
information
from
class
discussions
and
various
resources
(e.g.,
newspapers,
magazines,
Internet,
books,
maps)
Strand
3:
Civics
and
Government
Concept
2:
Structure
of
Government
PO2c
Separation
of
Powers/Checks
and
Balances
PO2d
Judicial
Review
Concept
3:
Functions
of
Government
PO2
Examine
how
the
Constitution
guarantees
due
process
of
law
1
through
Constitutional
mandates
and
Amendments
Concept
4:
Rights,
Responsibilities,
and
Roles
of
Citizenship
PO1a
Freedom
of
religion,
speech,
press,
assembly,
and
petition
in
the
First
Amendment
Links
to
Web
Resources
Courts
and
Constrained
Liberties
During
Times
of
War
• Toni
Konkoly,
"Famous
Dissents:
Abrams
v.
United
States
(1919)"
http://www.pbs.org/wnet/supremecourt/personality/landmark_abrams
.html
• Civil
Liberties
in
Wartime:
Supreme
Court
Case
Law
on
the
Protection
of
Civil
Liberties
During
Times
of
War
http://www.law.duke.edu/publiclaw/civil/index.php?action=showtopic
&topicid=1
2