Frohwerk v. United States

249 U.S. 204 (1919)

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Nature of the Case

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Facts

Frohwerk (D) was indicted for violation of the Espionage Act. Other counts alleged attempts to cause disloyalty, mutiny, and refusal of duty in the military and naval forces of the United States. D published a newspaper that had articles that allegedly caused severe problems to the government. D published a pro-German newspaper which criticized America’s involvement in the war. D published 12 articles which said it was a mistake to send soldiers to fight in France. D claimed that this was the will of corporate trusts and only benefited Wall Street. D also claimed that the German nation was strong and unconquerable and that readers should “cease-fire.” D made motions to dismiss and a demurrer on constitutional and other grounds, especially that of the First Amendment as to free speech. They were overruled, subject to exception. There was a trial, and D was found guilty on all the counts but one. He was sentenced to a fine and to ten years imprisonment on each count, the imprisonment on the later counts to run concurrently with that on the first. D appealed claiming that he wrote the articles for money and did not intend them to actually cause any danger.