The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1926-09-17

on the so-called criminal syndicalist"
laws, which are an invasion Of the
constitutionally guaranteed rights of
freedom Of speech, press and assem-
bly,. These laws punish. by sentences
of from 10 to 20 years the advocacy Of
certain principles in relation to the
struggles of labor membership in an
organization advocating certain prin-
ciples and the assembling with" such
organizations
Constitution Says.
The First Amendment to the Consti
tuition Of the United States declares
eategorically;
Congress shall make no law -.
ahrldging the freedom Of speech, or
of the press; or the right of the
people peaeeabIy to assemble. -.
The freedom guaranteed to the
workers under this provision Of the
constitution which is binding upon the
states under the 14th amendment. has
been progressively whitfield down by
the Supreme Court as required by the
interests of the ruling. exploiting class
of this country.
Passed During War.
During the period of the war con-
gress passed the CONSUMPTION and
espionage laws which prohibited
speech, and writing in opposition to
the war. When these laws were ap-
pealed to the Supreme Court the court
declared, in spite Of the clear provis-
ions Of the Constitution that Con-
gress had the power to prohibit and
punish speech and writing when there
was a clear, and present danger"
that the speech or writing would re-
suit in violation of law. In other
words, the interests Of the capitalist
rulers of the United States required
that opposition to the war and con.
scription be stifled under which laws
prohibiting freedom of speech and
press were declared to be constitu-
tional.
At the close Of the war the move
ment of the workers against capitalist
exploitation and oppression grew in
strength and the capitalist rulers of
the United States needed new laws
with which to destroy this movement
To fill this need the criminal anarchy"
criminal syndicalist' and criminal
sedition" laws were enacted in 81
states. Under these laws hundreds of
workers have been imprisoned for long
terms for no other crime" than
speech or writing advocating the prin-
eiples of the |. w. W., the Communist
Labor Party, the Communist Party
and the Workers Communist Party.
First Test.
The first test of these laws came
before the supreme court in the case
of Benjamin Gitlow, charged with
criminal anarchy because of the pub
LEGATION of the manifesto of the left
wing of the Socialist Party. Under the
test of the rule laid down by the
supreme court in the free speech and
press cases which arose during the
war the supreme court could not up
hold the eonstitutionality of the Grim
inal anarchy" law of New York as
applied in the Gitlow case, because
their was no proof in the case that
anyone had read the manifesto and
could be no -"clear- and present dan
ger" which. the court had said was
necessary in order to punish speech or
writing under the constitution.
DanuerousI
The supreme court, in order to pro.
test the interests of the ruling class
of this country found it necessary to
go a step further in the Interpretation
of the constitution so as to prohibit
freedom of speech and press. 1t found
the way to do this by declaring that.
certain forms of speech and writing
were in themselves so dangerous Ito
the ruling capitalist CLASSIC that their
utterance or publication under any cir
eumstances, created "a clear and pres
ent danger"
In the cases Of Anita Whitney and
Fiske, now before the court. the court
is asked to go another step further and
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