United States Supreme Court case
Frohwerk v. United States
Supreme Court of the United States Full case name Frohwerk v. United States Citations 249 U.S. 204 (more )39 S. Ct. 249; 63 L. Ed. 561; 1919 U.S. LEXIS 2193
Prior Error to the District Court of the United States for the Western District of Missouri
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr. William R. Day · Willis Van Devanter Mahlon Pitney · James C. McReynolds Louis Brandeis · John H. Clarke
Majority Holmes, joined by unanimous
Frohwerk v. United States , 249 U.S. 204 (1919), was a United States Supreme Court case in which the Court upheld the conviction of a newspaperman for violating the Espionage Act of 1917 in connection with criticism of U.S. involvement in foreign wars.
In a unanimous decision written by Justice Oliver Wendell Holmes , the Court found that this criticism constituted the "willful obstruction" of America's recruitment efforts and was not protected by the First Amendment to the United States Constitution .
As in Schenck v. United States , also decided in 1919, the speech might have been protected were the country not at war.
External links [ ]
Text of Frohwerk v. United States , 249 U.S. 204 (1919) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
United States First Amendment case law
Public displays and ceremonies Statutory religious exemptions Public funding Religion in public schools Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Free Exercise Clause
Exclusion of religion from public benefits Ministerial exception Statutory religious exemptions
Freedom of speech (portal )
Unprotected speech
Incitement and sedition Libel and false speech
New York Times Co. v. Sullivan (1964)
Hustler Magazine v. Falwell (1988)
United States v. Alvarez (2012)
Susan B. Anthony List v. Driehaus (2014)
Fighting words and the heckler's veto
Cantwell v. Connecticut (1940)
Chaplinsky v. New Hampshire (1942)
Terminiello v. City of Chicago (1949)
Feiner v. New York (1951)
Gregory v. City of Chicago (1969)
Cohen v. California (1971)
Nat'l Socialist Party v. Village of Skokie (1977)
R.A.V. v. City of St. Paul (1992)
Snyder v. Phelps (2011)
Threats
Watts v. United States (1969)
NAACP v. Claiborne Hardware Co. (1982)
Virginia v. Black (2003)
Elonis v. United States (2015)
Obscenity Speech integral to criminal conduct
Strict scrutiny Vagueness Symbolic speech versus conductContent-based restrictions Content-neutral restrictions In thepublic forum Designated public forum
Widmar v. Vincent (1981)
Rosenberger v. Univ. of Virginia (1995)
Uzuegbunam v. Preczewski (2021)
Nonpublic forum
Compelled speech Compelled subsidy of others' speech
Government grants and subsidies Government as speaker Loyalty oaths School speech Public employees
Pickering v. Board of Education (1968)
Elrod v. Burns (1976)
Mt. Healthy City School Dist. Board of Ed. v. Doyle (1977)
Givhan v. Western Line Consol. School Dist. (1979)
(1979)
Connick v. Myers (1983)
Rankin v. McPherson (1987)
Rutan v. Republican Party of Illinois (1990)
Waters v. Churchill (1994)
Garcetti v. Ceballos (2006)
Borough of Duryea v. Guarnieri (2011)
Lane v. Franks (2014)
Heffernan v. City of Paterson (2016)
Hatch Act and similar lawsLicensing and restriction of speech Commercial speech Campaign finance and political speech Anonymous speech State action
Marsh v. Alabama (1946)
Lloyd Corp. v. Tanner (1972)
Manhattan Community Access Corp. v. Halleck (2019)
Official retaliation
Freedom of the press
Prior restraints and censorship Privacy Taxation and privileges Defamation Broadcast media Copyrighted materials
Freedom of assembly
Incorporation
United States v. Cruikshank (1876)
Presser v. Illinois (1886)
Protection from prosecution and state restrictions
De Jonge v. Oregon (1937)
(1945)
Americans for Prosperity Foundation v. Bonta (2021)
Freedom of association
Organizations
Joint Anti-Fascist Refugee Committee v. McGrath (1951)
Watkins v. United States (1957)
NAACP v. Alabama (1958)
NAACP v. Button (1963)
Americans for Prosperity Foundation v. Bonta (2021)
Future Conduct Solicitation Membership restriction Primaries and elections