Legal Opinion

State v. Holm

Supreme Court of Minnesota

Decided January 25, 1918No. 20,771PublishedCited by 32 opinions

. C. H. Holm and Frank Holm were indicted by the grand jury of Ramsey county for the crime of interfering with- and discouraging the enlistment of men in the military or naval forces of the United States or of Minnesota. They demurred to the indictment and their demurrer was overruled by Haupt, J., who at their request certified to the supreme court the questions enumerated after the second paragraph of the opinion.

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. C. H. Holm and Frank Holm were indicted by the grand jury of Ramsey county for the crime of interfering with- and discouraging the enlistment of men in the military or naval forces of the United States or of Minnesota. They demurred to the indictment and their demurrer was overruled by Haupt, J., who at their request certified to the supreme court the questions enumerated after the second paragraph of the opinion. The pamphlet attacks the constitutionality of the conscription law and declares that the war was entered on through improper motives, without justification and against the popular…

1Opinion of the Court

Taylor, C.

Chapter 463, p. 764, of the laws of the state of Minnesota, approved April 20, 1917, provides: “It shall be unlawful from and after the passage of this act for any person to print, publish of circulate in any manner whatsoever any book, pamphlet or written or printed matter that advocates or attempts to advocate that men should not enlist in the military or naval forces of the United States or the state of Minnesota.” Section 1. “It shall be unlawful for any person to teach or advocate by any written or printed matter whatsoever, or by oral speech, that the citizens of this state…

2Cases cited16 opinions

  1. Ex Parte SieboldSupreme Court of the United States · 1880
  2. Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
  3. Davis v. BeasonSupreme Court of the United States · 1890
  4. Grafton v. United StatesSupreme Court of the United States · 1907
  5. Reid v. ColoradoSupreme Court of the United States · 1902

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3Cited by32 opinions

  1. Gitlow v. New YorkSupreme Court of the United States · 1925
  2. Bartkus v. IllinoisSupreme Court of the United States · 1959
  3. Herndon v. LowrySupreme Court of the United States · 1937
  4. Hamilton v. Regents of the University of CaliforniaSupreme Court of the United States · 1934
  5. State v. LaundyOregon Supreme Court · 1922

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