Gilbert v. Minnesota

254 U.S. 325 (1920)

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Nature of the Case

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Facts

A Minnesota statute makes it unlawful 'to interfere with or discourage the enlistment of men in the military or naval forces of the United States or of the State of Minnesota.' It was unlawful for any person in any public place, or at any meeting where more than five persons are assembled, to advocate or teach by word of mouth or otherwise that men should not enlist in the military or naval forces of the United States or the state of Minnesota. It was unlawful for any person to teach or advocate by any written or printed matter whatsoever, or by oral speech, that the citizens of this state should not aid or assist the United States in prosecuting or carrying on war with the public enemies of the United States. D gave the following public speech: 'We are going over to Europe to make the world safe for democracy, but I tell you we had better make America safe for democracy first. You say, what is the matter with our democracy. I tell you what is the matter with it: Have you had anything to say as to who should be president? Have you had anything to say as to who should be Governor of this state? Have you had anything to say as to whether we would go into this war? You know you have not. If this is such a great democracy, for Heaven's sake why should we not vote on conscription of men. We were stampeded into this war by newspaper rot to pull England's chestnuts out of the fire for her. I tell you if they conscripted wealth like they have conscripted men, this war would not last over forty-eight hours. . . .' The US was at war with Germany when the speech was given. D was indicted tried and convicted. D was fined $500 and imprisoned for one year. The Supreme Court of Minnesota affirmed and the Supreme Court granted certiorari.