Espionage Act Summary

1. Why does Debs insist that the Espionage Act represents "the negation of every fundamental principle established by the Constitution"? Debs insists that the Espionage Act represents “the negation of every fundamental principle established by the Constitution” because the Act goes directly against the freedom of speech, which is one of the building blocks of our nation. Debs states, “…if Congress enacts any law that conflicts with this provision [the freedom of speech] in the Constitution, that law is void” (Foner 113). The Constitution is at the core of our nation, and it helped build society in the United States as we know it. This means that if any law or piece of legislature was introduced that goes against anything stated in the Constitution,
Debs lists countless of names with historical significance—Washington, Elizabeth Cady Stanton, Abraham Lincoln—that all had one thing in common: they all voiced their discontent with the government and stood for their beliefs despite the negative responses of their peers. Debs was exactly like them, for he voiced his opinion in regards to World War I at an anti-war speech, and made the jury aware of this during his speech. However, unlike these heroes, Debs was being criminally charged for his actions, all because of the Espionage Act. Debs states, “They [the historical figures] were not indicted; they were not charged with treason nor tried for crime. They are honored today by all of their countrymen” (Foner 112), which shows that, despite being in the same social situation as Deb himself, the extremely influential figures he recounted were not charged with treason just for using their freedom of speech. Deb wanted the jury to realize this through his recounting of political dissent and opposition to previous American wars. The historical figures mentioned weren’t considered enemies of the state or guilty of treason, so why should Deb