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Case library · Contempt of Government

Better Make America Safe First

Gilbert v. Minnesota (1920)

Charge: Discouraging enlistment in wartimeCourt: Supreme Court of the United StatesState: MinnesotaDocket: Contempt of Government

The facts

During the First World War, a state passed a law making it a crime to teach or advocate that citizens should not aid the United States in prosecuting the war or should not enlist. Some months later, a speaker at a public meeting in that state told the crowd, among other things, that '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,' and complained that ordinary people had no say in declaring war or in conscription. He was prosecuted under the state law. The defence argued that only Congress could legislate on matters of war and that the law violated the right of free speech.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Gilbert v. Minnesota, 254 U.S. 325 (1920)

Read more at supreme.justia.com. The source reveals the outcome.

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