ABRAMS et al. v. UNITED STATES
Supreme Court Cases
250 U.S. 616 (1919)
Case Overview
Legal Principle at Issue
Whether the Espionage Act violates the First Amendment as applied to distributing leaflets calling for a strike at U.S. ammunitions plants.
Action
The Supreme Court upheld the convictions, affirming the lower court.
Facts/Syllabus
Russian immigrants protesting recent U.S. military action in Russia were convicted for two leaflets thrown from a New York City window that called for a strike at U.S. ammunitions plants. Congress had declared in the Espionage Act that such propaganda would harm the war effort, and the Supreme Court had previously upheld the Espionage Act as constitutional in Schenck v. United States (1919).
Importance of Case
The Supreme Court deferred to Congress again and upheld the convictions. Justice Oliver Wendell Holmes (joined by Justice Louis Brandeis) dissented, arguing the defendants did not present a “clear and present danger,” the test he had articulated in the Court’s opinion in Schenck.
Advocated for Respondent
- Robert P. Stewart View all cases
Advocated for Petitioner
- Harry Weinberger View all cases
Cite this page
- ABRAMS et al. v. UNITED STATES. (n.d.). First Amendment Library. Retrieved March 27, 2025, from https://www.thefire.org/supreme-court/abrams-et-al-v-united-states
- ABRAMS et al. v. UNITED STATES, First Amendment Library, https://www.thefire.org/supreme-court/abrams-et-al-v-united-states (last visited 27 Mar. 2025).
- Foundation for Individual Rights and Expression (FIRE). "ABRAMS et al. v. UNITED STATES." Oyez. https://www.thefire.org/supreme-court/abrams-et-al-v-united-states (accessed March 27, 2025).
- "ABRAMS et al. v. UNITED STATES." First Amendment Library. Foundation for Individual Rights and Expression (FIRE), n.d. 27 Mar. 2025, www.thefire.org/supreme-court/abrams-et-al-v-united-states.