Frohwerk v. United States, 249 U.S. 204 (1919), was a United States Supreme Court case in which the Court upheld the conviction of a newspaperman for violating the Espionage Act of 1917 in connection with criticism of U.S. involvement in foreign wars.
| Frohwerk v. United States | |
|---|---|
 | |
| Argued January 27, 1919 Decided March 10, 1919 | |
| Full case name | Frohwerk v. United States |
| Citations | 249 U.S. 204 (more) 39 S. Ct. 249; 63 L. Ed. 561; 1919 U.S. LEXIS 2193 |
| Case history | |
| Prior | Error to the District Court of the United States for the Western District of Missouri |
| Court membership | |
| |
| Case opinion | |
| Majority | Holmes, joined by unanimous |
In a unanimous decision written by Justice Oliver Wendell Holmes, the Court found that this criticism constituted the "willful obstruction" of America's recruitment efforts and was not protected by the First Amendment to the United States Constitution.
As in Schenck v. United States, also decided in 1919, the speech might have been protected were the country not at war.[1]
References
edit- ^ Parker, Richard (December 15, 2023). "Frohwerk v. United States(1919)". Free Speech Center at Middle Tennessee State University. Archived from the original on February 2, 2024. Retrieved February 2, 2024.
External links
editText of Frohwerk v. United States, 249 U.S. 204 (1919) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)