this post was submitted on 15 Jun 2025
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Espionage Act (1917)

Fri Jun 15, 1917

Image

Image: A mugshot of Eugene V. Debs with his prisoner number in 1920. He was imprisoned in the Atlanta Federal Penitentiary for speaking out against the draft during World War I. [npr.org]


The Espionage Act, passed on this day in 1917, is a federal U.S. law which has been used to suppress labor and political activism from American dissidents such as Eugene V. Debs, Emma Goldman, Daniel Ellsberg, and Edward Snowden.

Within a month of the law's passing, the Department of Justice used it as a justification to raid Industrial Workers of the World (IWW) headquarters, seizing property and arresting over one hundred members on various charges.

Among those charged with offenses under the Act are Victor L. Berger, Eugene V. Debs, Emma Goldman, Alexander Berkman, Julius and Ethel Rosenberg, Daniel Ellsberg, Chelsea Manning, Julian Assange, and Edward Snowden.

A 2015 study by the PEN American Center found that almost all of the non-government representatives they interviewed, including activists, lawyers, journalists and whistleblowers, "thought the Espionage Act had been used inappropriately in leak cases that have a public interest component."

PEN wrote "experts described it as 'too blunt an instrument,' 'aggressive, broad and suppressive,' a 'tool of intimidation,' 'chilling of free speech,' and a 'poor vehicle for prosecuting leakers and whistleblowers.'"


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[โ€“] gwilikers@lemmy.ml 2 points 17 hours ago

Tangential but the oft quoted 'Free speach doesn't extend to shouting fire in a crowded theatre' was actually from a case where the judge was sentencing someone for handing out anti-war pamflets in WWI. The judge was framing this person's actions as being harmful to American interests.

Most people seem to use it without seeing that it was used in the context of curtailing the first amendment rights of citizens to openly oppose war.

[โ€“] Nastybutler@lemmy.world 5 points 2 days ago

It's also the law they wanted to use to charge Snowden, which is why he noped out of the US. It doesn't allow the defense to introduce motive to the jury, which would make a huge difference in many cases where it's used, and is actually why it is used, because the government doesn't want the jury to sympathize with the defendant