Schoborg v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. C. B. Schoborg, Henry Feltman, and J. Henry Kruse were convicted of offenses, and they bring error. In and about Govington, Ky., there is a considerable community of German birth or descent.
Read the full summary
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. C. B. Schoborg, Henry Feltman, and J. Henry Kruse were convicted of offenses, and they bring error. In and about Govington, Ky., there is a considerable community of German birth or descent. In 1917 and 1918 it was not uncommonly believed that a portion of this community was disloyal, and upheld and favored the cause of Germany as against the United States, in the pending war, and steps were taken to ascertain whether this belief was well founded. In the Latón ia district of…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] Common to the three cases is the claim that in so far as the Espionage *5Act undertakes to punish what was said by these respondents, it is in violation of the First Amendment to the Constitution, in that it abridges the right of free speech. The meaning and extent of this constitutional restriction have been often discussed in familiar cases. We need do no more than to refer to the latest discussion, found in the Schenck Case, 249 U. S. 47, 39 Sup. Ct. 247, 63 L. Ed. 470; but that discussion falls’ short of expressly reaching the present case, because it…
2Cases cited13 opinions
- Schenck v. United StatesSupreme Court of the United States · 1919
- Abrams v. United StatesSupreme Court of the United States · 1919
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Debs v. United StatesSupreme Court of the United States · 1919
- Schaefer v. United StatesSupreme Court of the United States · 1920
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Olmstead v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- United States v. JohnsonCourt of Appeals for the Third Circuit · 1947
- Savage v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Fisher v. SwartzMassachusetts Supreme Judicial Court · 1955
- Dierkes v. United StatesCourt of Appeals for the Sixth Circuit · 1921
12 more not listed; retrieve them via the Exa API.