Espionage, Sedition and Fascism in World War I
One of the most controversial laws in U.S. history was enacted in June 1917. The Espionage Act prohibited Americans from criticizing the military draft or the sale of war bonds as the U.S. prepared to enter World War I. This was the first of a series of laws that violated civil liberties, and in some ways it set a precedent for the later rise of European fascism and the contentious laws enacted by the George W. Bush administration to fight the “War on Terror.”
U.S. Propaganda Poster
The Espionage Act
After declaring war on Germany and the Central Powers in the spring of 1917, Congress sought to raise manpower and money for the war effort by enacting a military draft and selling government bonds. Many opposed the war on various grounds, and in turn they also opposed the draft and bond sales. Fearing that this opposition would hinder the war effort, President Woodrow Wilson pushed Congress to pass what became known as the Espionage Act.
The law expanded the federal definition of illegal “espionage” to include anyone who expressed political opinions construed to be helpful to U.S. enemies. This became a convenient replacement for treason, which was much more difficult to prove in court. Maximum penalties for violating the Espionage Act were 10 years in prison and a $20,000 fine.
Under this law, the postmaster general was empowered to intercept any mail that was suspected of hindering the war effort. Publications that the Wilson administration deemed in violation of the law were “deprived of mailing privilege.” Journalists could be jailed, and newsprint could be rationed for “unacceptable” publications. This was a blatant violation of the First Amendment guarantees of free speech and free press.
The Sedition Act
Despite opposition and criticism, Congress strengthened the Espionage Act in May 1918 with the Sedition Act. This prohibited speech construed to be critical of the U.S. or the military. Severe penalties were imposed on those convicted of “disloyal, profane, scurrilous, or abusive language” against the government, its actions, or its symbols (i.e., the flag).
Under this law, any criticism of the government, even in one’s own home, could result in a prison sentence. Hundreds were arrested for speaking out against the government and the war under the provisions of this act.
Enforcing the Laws
Many publications were closed down or censored under the Espionage and Sedition Acts. For example:
The Masses was censored for printing a cartoon declaring that the war was being fought to “make the world safe for capitalism.” Six editors were brought to trial but acquitted; however, jurors and lawyers stated that had the editors been German or Jewish, they would have surely been convicted.
The Nation was suppressed for criticizing labor leader Samuel Gompers.
The Public was suppressed for suggesting that the war be paid for by taxes instead of loans.
The Freeman’s Journal and Catholic Register was suppressed for reprinting Thomas Jefferson’s views that Ireland should be an independent republic.
About 75 German-language, Socialist, or Irish Nationalist publications either lost their mailing privileges or were pressured to publish nothing about the war.
Over 400 publications were denied mailing privileges at some time or another during or after the war.
In addition, many U.S. citizens were arrested and jailed for violating the Espionage and Sedition Acts. For example:
A Wisconsin state official was sentenced to two-and-a-half years in prison for criticizing a Red Cross fund-raising drive.
A Hollywood producer was sentenced to 10 years in prison for producing a film depicting British atrocities during the War for Independence.
A man was tried for arguing in his own home that he did not want to buy war bonds.
A Californian was jailed who laughed at Army recruits drilling.
A woman was jailed who greeted a Red Cross solicitor in a “hostile” way.
An editor was jailed who printed, “We must make the world safe for democracy even if we have to ‘bean’ the Goddess of Liberty to do it.”
Over 450 conscientious objectors were arrested for refusing military service.
U.S. Congressmen Victor Berger of Wisconsin, the first Socialist elected to Congress, was arrested.
Anarchist “Red” Emma Goldman was arrested.
Industrial Workers of the World leader “Big” Bill Haywood was arrested and imprisoned for expressing political opposition to the war.
Poet e.e. cummings, a volunteer in the Ambulance Corps in France, was arrested for professing a lack of hatred for the Germans. He served three-and-a-half months in a military detention camp in France.
Rose Pastor Stokes was sentenced to 10 years in prison for writing a letter to the Kansas City Star: “No government which is for profiteers can also be for the people, and I am for the people while the Government is for the profiteers.”
Socialist leader Eugene V. Debs was imprisoned for speaking out against the draft at a rally; he ran for president in 1920 from a federal prison.
The Rise of European Fascism
European fascism and totalitarianism, which flourished in Germany, Italy, and Spain in the 1920s and 1930s, were partly inspired by the U.S. government’s efforts to subvert dissent in World War I. The Espionage and Sedition Acts, combined with mandatory conscription and industrial nationalization, were all enacted in the name of preserving liberty:
Government agents urged media to spin facts and persuade people to support the war.
Industries were placed under government control to ensure adequate war production.
Dissenters and protestors were routinely harassed, assaulted, and imprisoned.
Newspapers and magazines were regularly censored or closed down for anti-war views.
Foreigners and immigrants were accused of undermining the war effort and targeted for violence.
These all occurred in the U.S. during World War I, and they would all become characteristics of fascist countries in later times.
These actions also set a precedent that would impair liberty in the U.S. to this day. Events such as the Great Depression, the space race, the energy crisis, and others (including the current economic downturn) have been compared to wars, which have enabled opportunistic politicians to enact “emergency” measures to expand government control, reduce free enterprise, and suppress civil liberties.
What This Means Today
After the September 11, 2001 attacks, Congress passed the Patriot Act with almost unanimous consent. This law gives the federal government unprecedented powers to spy on citizens suspected of plotting terrorism. Many historians have compared this law to the Espionage and Sedition Acts of 1917-1918 because of its potential threat to the constitutional rights of the people. Barack Obama, who had criticized this act before becoming president, has since approved expanding federal spying powers even further.
The Military Commissions Act of 2006 increased fears among those who value individual liberty because it empowers the federal government to jail suspected terrorists indefinitely without trial, thus eliminating the constitutional guarantee of habeas corpus (i.e., the right to be informed of charges and the right to a trial before imprisonment).
The Espionage and Sedition Acts set many bad precedents for those who cherish personal freedom as the founders of this country envisioned. They not only helped inspire the fascism that sparked World War II, but they laid the groundwork for many constitutionally questionable measures being employed in the “War on Terror” today.
