Gilbert v. Minnesota

Citations

• 254 U.S. 325
• 41 S. Ct. 125
• 65 L. Ed. 287
• 1920 U.S. LEXIS 1161

Syllabus

<p>. 1. The law of Minnesota declaring it a misdemeanor for any person to teach or advocate by any written or printed matter nr by oral speech that citizens of the State should not aid or assist the United States in prosecuting or carrying on war with the public enemies of the United States, is valid under the Federal Constitution. P. 327.</p> <p>2. Such an enactment may be upheld both as a legitimate measure of cooperation by the State with the United States, not in conflict with the federal war power, p. 328; and also as an exercise of the police power to preserve the peace of the State. P.331. Halter v. Nebraska, 205 U. S. 34; Presser v. Illinois, 116 U. S. 252.</p> <p>3. The right of free speech does not cover false and malicious misrepresentations of the objects and motives of this country in entering upon a war, made in- a public speech for the purpose of discouraging the recruiting of troops, while the war is flagrant and armies are being ' raised. P. 332.</p> <p>141 Minnesota, 263, affirmed.</p>