Debs, Eugene V. (Eugene Victor), 1855-1926; United States. Supreme Court
This means that the Constitution does not guarantee personal liberty.
Speech is free, if you keep within the laws passed by Congress, not
otherwise. "Congress shall make no law abridging the freedom of speech,"
declares the Constitution. Speech is free, says the Court, if you obey
the laws passed by Congress. What is the result? If the United States
enters the League of Nations as a constituent part of it, and if the
League of Nations carries on a series of minor wars, this country will
be at war perhaps for fifty years, and during that time free speech will
be banned under this decision of the Supreme Court; during that time
the Espionage Act will operate; there will be no free speech in the
United States.
Congress--under this decision--might pass a law making it a crime to
advocate the establishment of industrial democracy in the United States,
and from the time that law was passed, any man who advocated industrial
democracy in the United States would have no immunity under the First
Amendment.
Congress might pass a law making it a crime to demand that the Courts of
the United States be abolished, and from that time no person could
advocate the abolition of the United States Courts without violating the
law.
Congress might make it a criminal offense to criticize the President and
from that day forward no person could criticize the President without
violating the law.
This decision makes Congress, not the Constitution, the arbiter of the
limits of freedom of expression; therefore, we must conclude that
neither the Courts of the United States, nor the Constitution of the
United States can be relied upon to guarantee the American people the
right of free speech. Thus freedom of discussion is ended. Democracy in
the United States is dead. The Supreme Court on the 10th of March, in
the Debs' case, wrote its epitaph.
A little thought will reveal the seriousness of the situation. A little
reflection will show the position in which the American people find
themselves, with regard to personal liberties, since the tenth of March,
1919.
8. THE CLASS STRUGGLE AGAIN!
Classes have come and classes have gone down through the pages of
history. Whenever the position of a ruling class has been threatened,
the ruling class has crucified the truth-tellers.
Compared with the necessity of protecting ruling class privileges and
prerogatives, the right of a man to express his mind goes for nothing.
That is the lesson of history and that is what we are witnessing today.
Men who have stirred up the people; men who have raised their voices in
protest; men who thought straight; men who have loved their fellow men
too much; men who have had conviction and courage and purpose; men who
were willing to stick by their ideals--such men have suffered in every
age.
Public-domain text, read in full here on John Shaqi.
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