Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-01-27
Speech Curbs Harsh
In Wartime
Review Shows Lows
Restricting ToIk
Are Stern
BIZ Bertram Benedict.

tuduy W kcI tIC war OFFICIALLY rs
outright belligerent? How much less free
would you be then than you are now to
| criticize such entry into the war, or to
| criticize the President and the way he
was handling the crisis, or to criticize
Congress, or war profiteers. or (for that
matter Great Britain and the British
people?
Any answer to that question must be,
OF course, mere guess work at this stage
OF the game. Yet there is now on the
statute books, left over from the last
war and never repealed, a part of the
1917 Espionage Act which would subject
you to fine Of $4,000 or Imprisonment
up to 20 years, or both, for doing any of
the following while the United States
was actually at war: Willfully making
or conveying false reports or statements
intended to interfere with the success of
the Army or Navy, or to promote the sue
cess Of its enemies; willfully attempting to
cause disloyalty or refusal of duty among
the armed forces OF the United States,
and willfully obstructing recruiting or
enlistments.
The inclusion of the word "willfully" in
the above prohibitions makes them seem
fair enough to most people if the United
States should actually get into war. The
question is, would additional and more
stringent prohibitions be enacted after
war were declared? If so, and If the new
legislation were to follow the legislation
enacted in 1918, but repealed in 1921,
you could be imprisoned up to 20 years.
or fined up to $4,000, or both, for doing
any of the following, in time of war:
Saying or doing anything with evil in
tent TO obstruct investment in Govern
ment securities; willfully uttering or
printing any language tending to bring
into disrepute the United States form of
government, armed forces or their uni
form, nag or Constitution; willfully advo-
eating curtailing OF production neces-
Sary TO win the war: supporting, by
either word or deed, the cause of any
enemy of the United States Germany.
or conceivably Italy or Japan; by word
or act favoring the cause Of the enemy
or opposing the cause OF the United
States.
If the repealed legislation Of 19l7-ls
should be fully re-enacted, you might find
that some magazine or newspaper you
wanted to read had been barred from
the mails, or at least from second class
mail privileges, if it violated any Of the
above prohibitions. Or IL the Postmaster
General, on evidence satisfactory to him.
should find that you were doing any of
the forbidden things. he might declare all
mail TO you non-deliverable.
When the hysteria OF the last war had
passed, some of this legislation provoke ed
so much resentment that it might not
be fully re-enacted next time, unless the
country and Congress should become as
excited as 1t did last time. In any event.
much would depend on who admins
tered the law
In 19l7-l8 the Postmaster General was
Albert Sidney Burleson of Texas, who.
to say the least, wasn't exactly tolerant
of dissenters from the general opinion
The Attorney General was Thomas w.
Gregory, also Of Texas We know now
that Mr.. Gregory was not unmindful Of
the civil liberties guaranteed in the Con-
OF minority causes; but many United
States attorneys under Mr. Gregory ran
hog-wild in prosecuting radicals or
other opponents Of the 1918 war pro-
gram
1t is difhcult now to credit the reasons
for which some persons were sentenced
to Jail in l9l7-l8. For instance: Five
years to the former Socialist candidate
for Governor of New Jersey for attack
ing CONSUMPTION in street-corner
speech; 20 years to an Iowan for cir
culating leaflet saying that Repre-
sentatives who voted for CONSUMPTION
should not be reelected: two years to a
Californian for saying, This is war
fostered by Morgan and the rich: five
years to Washingtonian for saying
America was buncoed into the war by
the munitions makers"
Eugene v. Debs, Socialist leader, who
in 1912 had received more than one
fourth as many votes for President as
the regular Republican nominee, was
sentenced to jail for 10 years. His
ofIense consisted in saying in a public
the capitalists. that plutocrats existed in
America as well as in Germany, and that
the Soviet government was right to make
peace with Germany.
Mrs. Rose Pastor Stokes Socialist.
made speech in Kansas City. She
charged that the newspapers had in
correctly quoted her, and wrote a letter
to the Kansas City Star explaining her
position. Her letter ended: Il am for
the people and the Government is for the
profiteerS." She was sentenced to Jail.
All the severer sentences under this
wartime legislation were later committed.
But Alexander Berkman and Emma
Goldman, anarchists, were deported to
Russia after their sentences were COM
pleted. Some of the I. w. w. who had
been found guilty jumped their bail and
fed to Russia.
Even if the Government next time
should prove less harsh toward war
opponents than last time, there is the
question of prosecution under State laws.
In 1918 some Of the severest sentences
for the seemingly most innocuous state
ments were melted out in State courts
under State legislation.
On the other hand, next time the Su-
preme Court might rule differently on
wartime civil liberties cases. The court
was unanimous in upholding the Es
pionage Act Of 1917. but Justice Holmes,
for the court, warned that the acts COM