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Name ____________________________________________________________________________ Due Date ____________________ Per _______

Document Analysis: Free Speech During


War
Directions: Read the documents, highlighting and taking notes. Complete the OPVL analysis, thinking
like a historian who might use the documents in an interpretation of World War I. Answer the
follow-up questions. Respond on a separate piece of paper.

OPVL: Answer numbers 1-4 for each of the documents.


1. Origin - What was the time and place of the document? The context?
2. Purpose - What was the purpose of the document? Why was it written?
3. Value - How valuable is the document in understanding history? Why?
4. Limitation - Within its historical context, consider the historians access to material, bias, or
ideology In other words, at what point does the document no longer survive as a viable source to
create a valid historic observation.

Follow-up: Answer these questions only once.


5. Summarize the documents.
6. Pick a one quote from each document that interests or confuses you. Write about the quote.
7. What evidence do these documents provide concerning the political impact of total war?
How were traditional constitutional rights and civil liberties affected by WWI? How might the
limitations on these rights be justified?
8. Can free speech ever be dangerous to the U.S. as a country? Who should decide when free
speech is dangerous enough that it should be limited?

Document 1: THE ESPIONAGE ACT 1917


Be it enacted, That section three of the Act . . . approved June I5, 1917, be . . amended so as to read as
follows:
SECTION 1. (e) whoever, being entrusted with or having lawful possession or control of any
document, writing, code book, signal book, sketch, photograph, photographic negative, blue print,
plan, map, model, note, or information, relating to the national defence, through gross negligence
permits the same to be removed from its proper place of custody or delivered to anyone in violation
of his trust, or to be list, stolen, abstracted, or destroyed, shall be punished by a fine of not more
than $10,000, or by imprisonment for not more than two years, or both.

SECTION 2. (b) whoever, in time of war, with intent that the same shall be communicated to the
enemy, shall collect, record, publish or communicate, or attempt to elicit any information with
respect to the movement, numbers, description, condition, or disposition of any of the armed
forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct,
or supposed plans or conduct of any naval of military operations, or with respect to any works or
measures undertaken for or connected with, or intended for the fortification of any place, or any
other information relating to the public defence, which might be useful to the enemy, shall be
punished by death or by imprisonment for not more than thirty years.

SECTION 3. Whoever, when the United States is at war, shall wilfully make or convey false reports
or false statements with intent to interfere with the operation or success of the military or naval
forces of the United States or to promote the success of its enemies and whoever when the United
States is at war, shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, refusal
of duty, in the military or naval forces of the United States, or shall wilfully obstruct the recruiting or
enlistment service of the United States, to the injury of the service or of the United States, shall be
punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or
both.

Document 2: THE SEDITION ACT 1918


SECTION 3. Whoever, when the United States is at war, shall willfully make or convey false reports...with
intent to interfere with the operation...of the military or naval forces of the United States...or say or do
anything...to an investor...with intent to obstruct the sale by the United States of bonds or other
securities...and whoever when the United States is at war, shall willfully cause or attempt to
cause...insubordination... in the military or naval forces of the United States, or shall willfully obstruct or
attempt to obstruct the recruiting or enlistment services of the United States, and whoever, when the
United States is at war, shall willfully utter, print, write or publish any disloyal, profane, scurrilous, or
abusive language about the form of government of the United States or the Constitution...or the military or
naval forces of the United States, or the flag...or shall willfully utter, print, write, or publish any language
intended to incite, provoke, or encourage resistance to the United States... or shall willfully display the flag
of any foreign enemy…or shall willfully by utterance, writing, printing, publication, or language spoken,
urge...any curtailment of production in this country of any thing...necessary...to the prosecution of the
war...and whoever shall willfully advocate...the doing of any of the acts or things in this section
enumerated...or favor the cause of any country with which the United States is at war...shall be punished
by a fine of not more than $10,000 or the imprisonment for not more than twenty years, or both....
SECTION 4. When the United States is at war, the Postmaster General may, upon evidence...that any
person...is using the mails in violation...of this Act, instruct the postmaster at any post office at which mail
is received addressed to such person..to return to the postmaster at the office at which they were
originally mailed all letters or other matter so addressed...
Document 2: FLYER CIRCULATED BY THE SECRETARY OF THE AMERICAN

SOCIALIST PARTY, CHARLES SCHENK

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