abrams argued decided november harry weinberger new york city plaintiffs error assistant attorney general robert stewart justice clarke delivered opinion single indictment containing four counts five plaintiffs error hereinafter designated defendants convicted conspiring violate provisions espionage act congress section title act june stat amended act may stat comp first three counts charged defendants conspiring war imperial government germany unlawfully utter print write publish first count scurrilous abusive language form government second count language bring form government contempt scorn contumely disrepute third count language incite provoke encourage resistance said war charge fourth count defendants conspired war imperial german government unlawfully willfully utterance writing printing publication urge incite advocate curtailment production things products wit ordnance ammunition necessary essential prosecution war offenses charged language act congress charged count indictment part conspiracy defendants attempt accomplish unlawful purpose printing writing distributing city new york many copies leaflet circular printed english language another printed yiddish language copies properly identified attached indictment five defendants born russia intelligent considerable schooling time arrested lived terms varying five ten years none applied naturalization four testified witnesses behalf three frankly avowed believe government form declared interest whatever government fourth defendant testified believed proper kind government capitalistic classification government admitted trial defendants print distribute described circulars printed distributed day august group meeting place new york city rooms rented defendant abrams assumed name subject printing circulars discussed two weeks defendants arrested defendant abrams although printer july purchased printing outfit circulars printed installed basement room work done night circulars distributed throwing window building one defendants employed others secretly new york city defendants pleaded guilty case government consisted showing facts stated introducing evidence copies two printed circulars attached indictment sheet entitled unite action written defendant lipman found arrested another paper found headquarters group abrams assumed responsibility thus conspiracy overt acts charged largely admitted fully established record thus described argued somewhat faintly acts charged defendants unlawful within protection freedom speech press guaranteed first amendment constitution entire espionage act unconstitutional conflict amendment contention sufficiently discussed definitely negatived schenck baer sup frohwerk sup claim chiefly elaborated upon defendants oral argument brief substantial evidence record support judgment upon verdict guilty motion defendants instructed verdict favor erroneously denied question law thus presented calls examination record purpose weighing conflicting testimony determine whether evidence competent substantial jury fairly tending sustain verdict troxell administrator delaware lackawanna western sup lancaster collins sup chicago north western ry ohle sup shall need consider sufficiency rule stated evidence introduced counts indictment since sentence imposed exceed might lawfully imposed single count judgment upon verdict jury must affirmed evidence sufficient sustain one counts evans sup claassen sup debs sup first two articles attached indictment conspicuously headed hypocrisy allies denouncing president wilson hypocrite coward troops sent russia proceeds assail government general saying president shameful cowardly silence intervention russia reveals hypocrisy plutocratic gang washington vicinity continues president much coward come openly say capitalistic nations afford proletarian republic russia among capitalistic nations abrams testified included growing inflammatory proceeds circular culminates russian revolution cries workers world awake rise put enemy mine friends one enemy workers world capitalism clearly appeal country arise put force government characterize enemy concludes awake workers world revolutionists second articles printed yiddish language translation headed referring majesty wilson rest gang dogs colors continues russian emigrants least belief honesty government defendants admitted referred government throw away confidence must spit face false hypocritic military propaganda fooled relentlessly calling forth sympathy help prosecution war purpose obviously persuade persons addressed turn deaf ear patriotic appeals behalf government cease render assistance prosecution war goes money loaned going loan make bullets germans also workers soviets russia workers ammunition factories producing bullets bayonets cannon murder germans also dearest best russia fighting freedom say argued intent defendants prevent injury russian cause men must held intended accountable effects acts likely produce even primary purpose intent aid cause russian revolution plan action adopted necessarily involved realized defeat war program obvious effect appeal become effective hoped might persuade persons character regarded addressing aid government loans work ammunition factories work produce bayonets cannon munitions war use cause germans russians spirit becomes bitter proceeds declare allies betrayed workers robberish aims clear men destruction russian revolution politics march russia reply barbaric intervention general strike open challenge let government know russian worker fights freedom also america lives spirit revolution attempt bring change administration candid discussion matter may incited outbreak part defendant anarchists manifest purpose publication create attempt defeat war plans government bringing upon country paralysis general strike thereby arresting production munitions things essential conduct war purpose emphasized next paragraph reads let government scare wild punishment prisons hanging shooting must betray splendid fighters russia workers fight kind circular concludes unto way progress let solidarity live signed rebels interpretation put upon articles circulated greatest port land great numbers soldiers time taking ship daily great quantities war supplies every kind time manufactured transportation overseas fair interpretation meaning authors consciously intended conveyed others shown additional writings found meeting place defendant group person one one circulars headed unite action denouncing president kaiser hypocrisy allies article concludes anarchists industrial workers world socialists labor party men revolutionary organizations unite action let us save workers republic russia lovers freedom order save russian revolution must keep armies allied countries busy home thus avowed purpose throw country state revolution possible thereby frustrate military program government remaining article denouncing president characterized hostility russian revolution continues toilers america believe real liberty shall pledge case participate bloody conspiracy russia create great disturbance autocrats america shall compelled keep armies home able spare russia concludes definite threat armed rebellion use arms russian people enforce standard order use arms shall never see ruin russian revolution excerpts sufficiently show immediate occasion particular outbreak lawlessness part defendant alien anarchists may resentment caused government sending troops russia strategic operation germans eastern battle front yet plain purpose propaganda excite crisis war disaffection sedition riots hoped revolution country purpose embarrassing possible defeating military plans government europe technical distinction may perhaps taken disloyal abusive language applied form government language intended bring form government contempt disrepute language like character intended produce like results directed president congress agencies form government must function time war necessary decision case consider whether distinction vital merely formal language circulars obviously intended provoke encourage resistance war third count runs defendants terms plainly urged advocated resort general strike workers ammunition factories purpose curtailing production ordnance munitions necessary essential prosecution war charged fourth count thus clear evidence much persuasive evidence jury tending prove defendants guilty charged third fourth counts indictment long established rule law hereinbefore stated judgment district must affirmed justice holmes dissenting indictment founded wholly upon publication two leaflets shall describe moment first count charges conspiracy pending war germany publish abusive language form government laying preparation publishing first leaflet overt acts second count charges conspiracy pending war publish language intended bring form government contempt laying preparation publishing two leaflets overt acts third count alleges conspiracy encourage resistance war attempt effectuate purpose publishing leaflets fourth count lays conspiracy incite curtailment production things necessary prosecution war attempt accomplish publishing second leaflet referred first leaflets says president cowardly silence intervention russia reveals hypocrisy plutocratic gang washington intimates militarism combined allied capitalism crush russian tyrants world fight see common class enlightenment combine crush militarism capitalism combined though openly crush russian revolution says one enemy workers world capitalism crime workers america fight workers republic russia ends awake workers world revolutionists note adds absurd call us hate despise german militarism hypocritical tyrants reason denouncing german militarism coward white house leaflet headed abusive language says america together allies march russia help struggle bolsheviki time hypocrites shall fool russian emigrants friends russia america tells russian emigrants must spit face false military propaganda sympathy help prosecution war called forth says money lent going lend make bullets germans also workers soviets russia ammunition factories producing bullets bayonets cannon murder germans also dearest best russia fighting freedom appeals russian emigrants length consent expedition russia says destruction russian revolution politics march russia leaflet winds saying reply barbaric intervention general strike words spirit revolution exhortations afraid usual tall talk ends unto way progress let solidarity live rebels argument seems necessary show pronunciamentos way attack form government support either first two counts little say third count may postponed considered fourth regard seems plain denied suggestion workers ammunition factories producing bullets murder dearest advocacy general strike second leaflet urge curtailment production things necessary prosecution war within meaning act may stat amending section earlier act comp make conduct criminal statute requires intent curtailment cripple hinder prosecution war seems intent proved aware course word vaguely used ordinary legal discussion means knowledge time act consequences said intended ensue even less satisfy general principle civil criminal liability man may pay damages may sent prison common law might hanged time act knew facts common experience showed consequences follow whether individually foresee words used exactly deed done intent produce consequence unless consequence aim deed may obvious obvious actor consequence follow may liable even regrets act intent produce unless aim produce proximate motive specific act although may deeper motive behind seems statute must taken use words strict accurate sense absurd patriot might think wasting money aeroplanes making cannon certain kind needed might advocate curtailment success yet even turned curtailment hindered thought minds obviously likely hinder prosecution war one hold conduct crime admit illustration answer might said enough show think let pass important aspect case refer first amendment constitution congress shall make law abridging freedom speech never seen reason doubt questions law alone cases schenck sup frohwerk sup debs sup rightly decided doubt moment reasoning justify punishing persuasion murder constitutionally may punish speech produces intended produce clear imminent danger bring forthwith certain substantive evils constitutionally may seek prevent power undoubtedly greater time war time peace war opens dangers exist times dangers peculiar war others principle right free speech always present danger immediate evil intent bring warrants congress setting limit expression opinion private rights concerned congress certainly forbid effort change mind country nobody suppose surreptitious publishing silly leaflet unknown man without present immediate danger opinions hinder success government arms appreciable tendency publishing opinions purpose obstructing however might indicate greater danger rate quality attempt assume second leaflet published purposes alleged fourth count might punishable seems pretty clear nothing less bring papers within scope law actual intent sense explained necessary constitute attempt act individual required complete substantive crime reasons given swift sup necessary success attempt depends upon others intent present actor aim may accomplished without bringing evils sought checked intent prevent interference revolution russia might satisfied without hindrance carrying war engaged see anyone find intent required statute defendant words second leaflet one affords even foundation charge without invoking hatred german militarism expressed former one evident beginning end object paper help russia stop american intervention popular impede war carrying say two phrases taken literally might import suggestion conduct interference war indirect probably undesired effect seems means enough show attempt produce effect return moment third count charges intent provoke resistance war germany taking clause statute deals connection elaborate provisions act think resistance means forcible act opposition proceeding pursuance war think intent must specific intent described reasons given think intent proved existed fact also think hint resistance construe phrase case sentences twenty years imprisonment imposed publishing two leaflets believe defendants much right publish government publish constitution vainly invoked even technically wrong enough squeezed poor puny anonymities turn color legal litmus paper add even think necessary intent shown nominal punishment seems possible inflicted unless defendants made suffer indictment alleges creed creed believe creed ignorance immaturity honestly held see reason doubt held although made subject examination trial one right even consider dealing charges persecution expression opinions seems perfectly logical doubt premises power want certain result heart naturally express wishes law sweep away opposition allow opposition speech seems indicate think speech impotent man says squared circle care whole heartedly result doubt either power premises men realized time upset many fighting faiths may come believe even believe foundations conduct ultimate good desired better reached free trade best test truth power thought get accepted competition market truth ground upon wishes safely carried rate theory constitution experiment life experiment every year every day wager salvation upon prophecy based upon imperfect knowledge experiment part system think eternally vigilant attempts check expression opinions loathe believe fraught death unless imminently threaten immediate interference lawful pressing purposes law immediate check required save country wholly disagree argument government first amendment left common law seditious libel force history seems notion conceived many years shown repentance sedition act act july stat repaying fines imposed emergency makes immediately dangerous leave correction evil counsels time warrants making exception sweeping command shall make law abridging freedom speech course speaking expressions opinion exhortations uttered regret put impressive words belief conviction upon indictment defendants deprived rights constitution justice brandeis concurs foregoing opinion