United States Supreme Court Cases & Opinions

U.S. Supreme Court

Gilbert v. Minnesota, 254 U.S. 325 (1920)

Gilbert v. Minnesota

No. 79

Argued November 10, 1920

Decided December 13, 1920

254 U.S. 325

Syllabus

1. The law of Minnesota declaring it a misdemeanor for any person to teach or advocate by any written or printed matter or 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. 254 U. S. 327.

2. Such an enactment may be upheld both as a legitimate measure of

Page 254 U. S. 326

cooperation by the state with the United States, not in conflict with the federal war power, p. 254 U. S. 328, and also as an exercise of the police power to preserve the peace of the state. P. 254 U. S. 331. Halter v. Nebraska, 205 U. S. 34; Presser v. Illinois, 116 U. S. 252.

3. The right of free speech does not cover false and malicious misrepresentation 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. 254 U. S. 332.

141 Minn. 263 affirmed.

The case is stated in the opinion.