Intolerance in the 1920’s …unwillingness or refusal to respect contrary opinions or beliefs, persons of different races or backgrounds

Civil Rights During Wartime 1790’s – Alien and Sedition Acts during undeclared naval war with France (limited freedom of speech/press) 1860’s Civil War – Lincoln suspended the writ of habeas corpus; ( could arrest people without charging them with a crime) World War I – acts of sabotage on American property by the Germans caused fear for national security during wartime

Conscientious Objectors Those who refuse on moral or religious grounds to bear arms in a military conflict or to serve in the armed forces. John T. Neufeld was sentenced to 15 years hard labor in the the military prison in Leavenworth. He was later paroled.

Congress reacted Espionage Act – 1917 Prohibited disclosure of gov’t or industrial info regarding national defense Criminalized refusal to perform military obligations if conscripted $10,000 fine/20 years Sedition Act – 1918 Prohibited expression of anti-war & unpatriotic sentiments Penalties if convicted of “disloyal, scurrilous or abusive language against gov’t, its actions, or its symbols”

Chief Justice: Edward D. White Schenck v. U.S. (1919) Chief Justice: Edward D. White

Background Sedition Act Espionage Act Restricted interference with enlistment procedure Made it a felony to “utter, print, or publish disloyal, profane, scurrilous, or abusive language about the form of government, the Constitution, flag or uniform of the armed forces” Espionage Act Outlawed any obstruction with military registration and enlistment Banned treasonable and seditious material from the mail

The Case of Charles Schenck Charles Schenck, General Secretary of the Socialist Party, opposed the war Was arrested and convicted for violations of the Espionage Act Mr. Schenck had mailed out 15,000 leaflets urging opposition to the draft

Constitutional Issue Did the Espionage Act violate the 1st Amendment protection of freedom of speech?

Decision Unanimous decision by the Court Espionage Act was constitutional Free speech was not an absolute right Civil liberties may be limited during wartime Mr. Schenck’s speech was not constitutionally protected because it posed a “clear and present danger” to the country and the nation’s war effort Conviction was upheld

Importance Court established the belief that a person’s rights are not absolute (for all times and in all places). The right to free speech does not allow a person to shout “fire” in a crowded theater. The Court’s “clear and present danger” ruling allows the restrictions of individual rights in the interest of national security

Racial Intolerance – Movie Flip….

Racial Unrest Era of segregation Jim Crow rules the South Increased fears for jobs due to “Great Migration” “Red Summer” – riots in many major cities Resurgence of Ku Klux Klan Rosewood

The Red Scare – Fear of Communism Palmer raids Attorney General Arrested & deported immigrants suspected of Communist ties No trials, hearings

Emma Goldman Anarchist and political activist who protested against the living and working conditions in the US Deported to Russia as an “foreign born radical” aboard “Soviet Ark”

The “Soviet Ark” used to transport suspected Communists out of US

Eugene Debs – President of the Socialist Party Sentenced to 10 years in prison for calling these laws unconstitutional

Others were prosecuted Members of the International Workers of the World were imprisoned for anti-war dissent

Anti-Immigrant Feelings Fear new wave of immigration after WWI Nativism – belief that immigrants were inferior to native born Americans Immigration Quotas based on nationality Sacco & Vanzetti Italian, immigrant, anarchists Arrested, convicted, & executed for robbery and murder Victims of who they were more so than what they might have done

Intro Prohibition and Scopes Trial – Movie Clip Sacco & Vanzetti Were “pardoned” by Massachusetts Governor Dukakis in 1977 Intro Prohibition and Scopes Trial – Movie Clip

Prohibition 18th Amendment - 1920 Open defiance of Prohibition Illegal to manufacture, transport, or sell alcohol Volstead Act – provided enforcement any beverage that was more than 0.5% alcohol owning any item designed to manufacture alcohol was illegal set specific fines and jail sentences for violating Eventually repealed in 1933 by the 21st Amendment Open defiance of Prohibition Rise of Organized Crime Difficult to enforce a law that is so unpopular Resistance to gov’t.! Attempt to legislate behavior!

Fundamentalism v. Scientific Theory Fundamentalism – strict belief in the Bible and theory of creation (“word for word” interpretation) Science – Darwin’s theory of evolution The Scopes Trial Tennessee Biology teacher arrested for teaching both creation and evolution – a violation of state law (Butler Act) Became known as the “Monkey Trial” Clarence Darrow v. Wm. Jennings Bryan Early landmark cases of American Civil Liberties Union (ACLU)

Darrow W.J. Bryant