Supreme Court of the United States

Debs v. United States

March 10, 1919249 U.S. 211

Summary

The Court affirmed Debs's convictions under the Espionage Act, holding that speech opposing the war and recruiting is punishable when the speaker specifically intends, and the speech probably would have the effect, of obstructing recruiting. The Court also upheld admission of records concerning related prosecutions and an anti-war platform as evidence bearing on the meaning and intent of Debs's speech. The opinion did not need to resolve fully whether the third-count conviction concerning insubordination was independently sustainable because the fourth-count conviction was sufficient to sustain the judgment.