Educating Young People about the Constitution

Presidents and the Constitution: Commander in Chief Wilson and the Espionage Act

www.BillofRightsInstitute.org

Presidents and the Constitution Resources

"They that can give up essential

liberty to purchase a little temporary safety, deserve neither liberty nor safety.
Benjamin Franklin, 1759

Yet, during times of war, the President and Congress have curtailed freedoms in the name of security. Directions: Read Dr. Robert McDonalds essay. Underline or highlight the facts you think are important.
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War and the Constitution

Constitutional Connection Activity

Wilson and the Espionage Act

Critical Engagement Question Was the Espionage Act of 1917, signed into law by President Woodrow Wilson, a constitutional war measure? Objectives Understand Woodrow Wilsons fear of the poison of disloyalty in the U.S. Understand the challenges to civil liberties in the U.S. before and during World War I. Assess constitutional limits on free speech and whether they change during wartime. Evaluate the constitutionality of the 1917 Espionage Act.
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Wilson and the Espionage Act

Background/Homework Read Handout A: Woodrow Wilson and the Espionage Act and answer the critical thinking questions 1. Other than the Espionage Act, name two challenges to civil liberties in the U.S. during WWI. 2. What did the Espionage Act of 1917 outlaw? 3. Why did Wisconsin Senator LaFollette object to the Espionage Act? 4. How was the Espionage Act amended in 1918? 5. Do you believe the Espionage Act was constitutional? 6. Evaluate this claim: Never until WWI did the suppression of freedom enjoy the almost unanimous support 5

Wilson and the Espionage Act

Warm-Up Examine the images on the next slide. 1) What is the topic of these posters? 2) How are the different individuals portrayed? Why? 3) What is the goal of these posters? 4) What can you conclude about the tenor of the times in the U.S. before the country entered World War I?

World War 1 U.S. Recruiting Poster.

Wilson and the Espionage Act

Activity Dramatically read the excerpt from Wilsons 1915 State of the Union Address on Handout B: Wilsons Request. One modern member of Congress said about this speech, [Wilsons] pleaastonishes still, as much for its passion as for what it proposesNo president had ever spoken like that before; none has since. How does Wilsons speech sound to modern ears? Do you find it astonishing or unique? Why or Why not? Review Handout C: The Espionage Act (1917).
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Wilson and the Espionage Act

Wrap-Up A. Read Handout D: No Conscription Newsletter What is this newsletter asking you to do? Did the author of the No Conscription newsletter violate the Espionage Act?

Wilson and the Espionage Act

Wrap-Up continued You will put the newsletters author, Emma Goldman, on trial. Review Handout E: The Trial of Emma Goldman. Assign the following roles: Narrator Emma Goldman Lead Counsel for Miss Goldman US Attorney Leon Frank Czolgosz President Woodrow Wilson Four judges
World War I Conscription Poster
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Wilson and the Espionage Act

Wrap-Up continued Possible additional roles:
assistant counsel to the attorneys on either side law clerks for the judges Theodore Roosevelt J. Edgar Hoover congressional supporters of the Act World War I soldiers Kate Richards OHare Rose Pastor Stokes

Those who arent role-playing should write amicus briefs (short, historically accurate statements in support of either the prosecution or the defense.)
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Wilson and the Espionage Act

Arrange one desk for a witness stand with a clear area for attorneys and chairs for judges. Using the guide on Handout E, present the (fictional) trial.

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Wilson and the Espionage Act

Wrap-Up Did Emma Goldman break the law? Was the law she was accused of breaking, the Espionage Act, constitutional? Was the Supreme Court correct to uphold her conviction under the Espionage Act?

Rally led by Emma Goldman, 1916

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Wilson and the Espionage Act, p. 56

Homework
Respond to one of the following prompts with a short essay. Was the Supreme Court correct to uphold the constitutionality of the Espionage Act and Emma Goldmans conviction? Why or why not? What if the Espionage Act were passed today? Would it be well received? What similarities and differences apply?
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Wilson and the Espionage Act

Extension

Research the release of the 1917 film Spirit of 76 and the subsequent arrest, conviction, and jailing of its producer, Robert Goldstein. Why was Goldstein arrested? Was his conviction just? Why or why not?

Spirit of 76 Painting by AM Willard

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Wilson and the Espionage Act

The Issues Endure Investigate the following: Palmer Raids Limits on civil liberties during WWII, the Vietnam War, and War on Terror Do laws justified by necessity in wartime in fact tend to become the fixed rule once the war is over?
National Security Letter
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