This is demonstrated by the use of the word "tendency" in Schenck itself, a paragraph in Schenck explaining that the success of speech in causing the actual harm was not a prerequisite for conviction, and use of the bad-tendency test in the simultaneous Frohwerk v. United States and Debs v. United States decisions (both ...
Frohwerk v. United States. No. 685. Argued January 27, 1919. Decided March 10 , 1919. 249 U.S. 204. ERROR TO THE DISTRICT COURT OF THE UNITED STATES. FOR THE WESTERN DISTRICT OF MISSOURI. Syllabus. The First Amendment, while prohibiting legislation against free speech as such, was not intended ...
The Petitioner, Frohwerk (Petitioner), was convicted of attempting to cause disloyalty, mutiny and refusal of duty in the military of the Respondent, the United States (Respondent). Synopsis of Rule of Law. Speech that could incite the audience to react negatively to the war efforts may be restricted without violating the United ...
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David S. Bogen*. I. INTRODUCTION. The trouble with all explanations of historic causes is the ab- sence of quantification: you never can say how much of the given ... For a discussion of Holmes' clear and present danger test, see infra notes 300-76 and accompanying text. 4. Frohwerk v. United States, 249 U.S. 204 (1919).
While U. S. Attorney Arthur L. Oliver ardently prosecuted those indicted by the grand jury, Eastern District Judge David P. Dyer, realized the frivolous nature of most accusations and punished the majority of the convicted .... 13 Gleeser received a five-year and Frohwerk a ten-year sentence in federal prison at Leavenworth.
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