Frohwerk v. United States (1900)
- Docket
- 685
- Decided
- 1900-1940-
Summary
Question: Did Frohwerk's conviction under the Espionage Act of 1917 violate his right to free speech under the First Amendment? Conclusion: In a unanimous opinion authored by Justice Oliver Wendell Holmes, the Court concluded that Frohwerk’s conviction was valid. The Court reasoned that the federal government has a valid interest in protecting the recruitment of members of the armed forces, and that in publishing the articles, Frohwerk engaged in a conspiracy to disrupt such recruitment. The Court dismissed the argument that Frohwerk never intended to obstruct recruitment, noting that "conspiracy to obstruct recruiting would be criminal even if no means were agreed upon specifically by which to accomplish the intent." Of note, the Court reasserted its conclusion in Schenck v. United States (1919) that the First Amendment does not "give immunity for every possible use of language."