Abrams v. United States

Abrams v. United States, 250 U.S. 616 (1919), is a landmark decision of the United States Supreme Court.

Jacob Abrams and other Russian immigrants distributed leaflets criticizing U.S. intervention in the Russian Civil War and calling for a general strike. They were convicted under the Espionage Act. Abrams argued that the leaflets were protected political speech under the First Amendment.

Significance

Justice Clarke’s 7-2 opinion upheld the convictions, applying a broad interpretation of the Espionage Act. Justice Holmes’s famous dissent laid the foundation for modern free speech doctrine. He argued that the ‘clear and present danger’ test required imminence and that the leaflets posed no such danger. Holmes introduced the ‘marketplace of ideas’ metaphor — ’the ultimate good desired is better reached by free trade in ideas.’ This dissent became one of the most influential opinions in First Amendment jurisprudence.

Category

US Federal Case Law