Today in Supreme Court History: March 10, 1919

3/10/1919: Debs v. United States decided.

Comments

[Dan Schiavetta]

Debs was a notable American — not quite “great”, but brave, principled, dignified.

For many years New York’s “Jewish” radio station was WEVD, named after his initials.

[Kazinski]

Debs is all well and good, but why is the open thread broken, again?

[John F. Carr]

It's a more general problem with early morning threads, East Coast time. I think they get posted the night before, California time, with a future live date and something in the postdating process is easy to get wrong.

[wolfefan]

That makes sense. I'm sure that Holden will find it when it's available, though.

[TwelveInchPianist]

Wasn't this related to the crowed theater case?

[Sarcastr0]

In his opinion, Justice Oliver Wendell Holmes, Jr. stated that Debs' case was essentially the same as Schenck v. United States (1919), in which the Court upheld a similar conviction

[Sarcastr0]

Its first recommendation was, 'continuous, active, and public opposition to the war, through demonstrations, mass petitions, and all other means within our power.' Evidence that the defendant accepted this view and this declaration of his duties at the time that he made his speech is evidence that if in that speech he used words tending to obstruct the recruiting service he meant that they should have that effect. The principle is too well established and too manifestly good sense to need citation of the books.

Woof.

[Dan Schiavetta]

"Three generations of socialists is enough."

[F.D. Wolf]

Debs began serving his ten-year prison sentence on April 13, 1919. Likely the most prominent (and popular) federal prisoner at the time, left-wing and labor groups campaigned for his release. In January 1921, Attorney General A. Mithcell Palmer recommended to outgoing President Woodrow Wilson that Debs be released, but Wilson refused, calling Debs "a traitor to his country, who will never be pardoned during my administration." Informed of Wilson's decision, Debs responded in a statement published by the New York Times, “I understand perfectly the feelings of Wilson. When he reviews what he has done, when he realizes the suffering he has brought about, then he is being punished. It is he, not I, who needs a pardon. If I had it in my power I would give him the pardon which would set him free.”

The movement for Deb's clemency picked up steam as new President Warren Harding, who had in his campaign toyed with the idea of clemency for political prisoners incarcerated during the War, took office on March 4, 1921. On March 24, Debs was actually allowed to travel unescorted by train from federal prison in Atlanta to Washington, D.C. where he met with Attorney General Harry M. Daugherty and other officials. Years later, Daugherty would recall that Debs “spent a large part of the day in my office, and I never met a man I liked better.”

Finally, on December 23, 1921, Harding commuted Debs' sentence to time served, effective Christmas Day. Debs and Harding would meet privately at the White House on December 26. One of the reasons Harding gave for the clemency was Debs' ailing health; Debs would pass away on October 20, 1926, a little more than three years after President Harding himself had died in office of a heart attack.

[Dilan Esper]

One notable thing about Debs is he was a private non-government non-corporate litigant who was a party to two major merits SCOTUS cases.