Free Speech

Supreme Court Rejects Trump Administration Emergency Request to Silence Immigration Judges, First Major Loss on Shadow Docket

| Importance: 9/10

The Supreme Court on December 19, 2025, delivered the Trump administration its first significant defeat on the emergency “shadow docket” since April 2025, refusing to block a lower court ruling that allows immigration judges to proceed with their First Amendment lawsuit challenging a …

Supreme Court of the United States Donald Trump National Association of Immigration Judges (NAIJ) Department of Justice 4th Circuit Court of Appeals +3 more supreme court immigration-judges first amendment free speech shadow docket +5 more
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Abrams v. United States: Holmes Dissents, Articulates 'Marketplace of Ideas' Free Speech Theory

| Importance: 7/10

The Supreme Court upheld the Sedition Act convictions of five Russian Jewish immigrants who had distributed leaflets opposing U.S. military intervention against the Bolshevik Revolution. In a 7-2 decision, the majority found that criticizing American military policy and calling for a general strike …

Supreme Court of the United States Justice Oliver Wendell Holmes Jr. Justice Louis Brandeis Jacob Abrams free-speech judicial-capture progressive-era sedition-act first-amendment
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Schenck v. United States: Supreme Court Creates 'Clear and Present Danger' Test, Upholds Espionage Act Convictions

| Importance: 8/10

The Supreme Court unanimously upheld the Espionage Act conviction of Socialist Party Secretary Charles Schenck for distributing leaflets urging draft resistance. Justice Oliver Wendell Holmes Jr. authored the opinion, creating the “clear and present danger” test for restricting speech …

Supreme Court of the United States Justice Oliver Wendell Holmes Jr. Charles Schenck Socialist Party of America judicial-capture free-speech world-war-i state-repression progressive-era
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Eugene V. Debs Sentenced to Ten Years for Antiwar Speech, Runs for President from Prison

| Importance: 8/10

Federal Judge David C. Westenhaver sentenced five-time Socialist Party presidential candidate Eugene V. Debs to ten years in federal prison for violating the Espionage Act by delivering an antiwar speech in Canton, Ohio on June 16, 1918. Before sentencing, Debs delivered his famous statement: …

Eugene V. Debs Socialist Party of America President Woodrow Wilson Judge David C. Westenhaver free-speech state-repression labor-movement progressive-era espionage-act
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Espionage Act Signed: Wilson Criminalizes Antiwar Speech, Targets IWW Labor Organizers and Socialists

| Importance: 9/10

President Woodrow Wilson signed the Espionage Act into law, prohibiting interference with military operations or recruitment, preventing insubordination in the military, and preventing support of U.S. enemies during wartime. The Wilson administration, knowing many Americans were conflicted about …

President Woodrow Wilson Industrial Workers of the World (IWW) Eugene V. Debs Victor L. Berger Emma Goldman +1 more labor-suppression free-speech world-war-i iww state-repression
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