Intolerance in the 1920’sIntolerance in the 1920’s……unwillingness or refusal to respect contrary unwillingness or refusal to respect contrary opinions oropinions or beliefs, persons of different races or beliefs, persons of different races or

backgroundsbackgrounds

Civil Rights During WartimeCivil Rights During Wartime

1790’s – 1790’s – Alien and Sedition ActsAlien and Sedition Acts during during undeclared naval war with France (limited undeclared naval war with France (limited freedom of speech/press)freedom of speech/press)

1860’s Civil War1860’s Civil War – Lincoln suspended the – Lincoln suspended the writ of habeas corpus;writ of habeas corpus; ( could arrest people ( could arrest people without charging them with a crime)without charging them with a crime)

World War IWorld War I – acts of sabotage on American – acts of sabotage on American property by the Germans caused fear for property by the Germans caused fear for national security during wartimenational security during wartime

Conscientious ObjectorsConscientious Objectors

Those who refuse on Those who refuse on moral or religious moral or religious grounds to bear arms grounds to bear arms in a military conflict or in a military conflict or to serve in the armed to serve in the armed forces. forces.

John T. Neufeld was John T. Neufeld was sentenced to 15 years sentenced to 15 years hard labor in the the hard labor in the the military prison in military prison in Leavenworth. He was Leavenworth. He was later paroled. later paroled.

Congress reactedCongress reacted

Espionage ActEspionage Act – 1917 – 1917 Prohibited disclosure Prohibited disclosure

of gov’t or industrial of gov’t or industrial info regarding national info regarding national defensedefense

Criminalized refusal to Criminalized refusal to perform military perform military obligations if obligations if conscriptedconscripted

$10,000 fine/20 years$10,000 fine/20 years

Sedition ActSedition Act – 1918 – 1918 Prohibited expression Prohibited expression

of anti-war & of anti-war & unpatriotic unpatriotic sentimentssentiments

Penalties if convicted Penalties if convicted of “disloyal, of “disloyal, scurrilous or abusive scurrilous or abusive language against language against gov’t, its actions, or gov’t, its actions, or its symbols”its symbols”

Schenck v. U.S.Schenck v. U.S.(1919)(1919)

Chief Justice: Edward D. WhiteChief Justice: Edward D. White

The Case of Charles The Case of Charles SchenckSchenck

Charles SchenckCharles Schenck, General Secretary , General Secretary of the of the SocialistSocialist Party, Party, opposedopposed the the war war

Was arrested and convicted for Was arrested and convicted for violations of the violations of the Espionage ActEspionage Act Mr. Schenck had mailed out 15,000 Mr. Schenck had mailed out 15,000

leaflets urging opposition to the draftleaflets urging opposition to the draft

Constitutional IssueConstitutional Issue

Did the Espionage Act violate theDid the Espionage Act violate the

11stst Amendment Amendment protection of freedom protection of freedom of speech?of speech?

DecisionDecision

Unanimous decision by the CourtUnanimous decision by the Court Espionage Act Espionage Act waswas constitutional constitutional Free speech was Free speech was not an absolute rightnot an absolute right Civil liberties may be limited during wartimeCivil liberties may be limited during wartime Mr. Schenck’s speech was not constitutionally Mr. Schenck’s speech was not constitutionally

protected because it posed a protected because it posed a “clear and “clear and present danger”present danger” to the country and the to the country and the nation’s war effortnation’s war effort

Conviction was upheldConviction was upheld

ImportanceImportance

Court established the belief that a Court established the belief that a person’s rights are not absolute person’s rights are not absolute (for all times (for all times and in all places).and in all places).

The right to free speech does not allow a The right to free speech does not allow a person to shout “fire” in a crowded person to shout “fire” in a crowded theater.theater.

The Court’s “clear and present danger” The Court’s “clear and present danger” ruling allows the restrictions of individual ruling allows the restrictions of individual rights in the interest of rights in the interest of national securitynational security

Racial Intolerance – Movie Flip….

Racial UnrestRacial Unrest

Era of segregationEra of segregation Jim Crow rules the Jim Crow rules the

SouthSouth Increased fears for Increased fears for

jobs due to “Great jobs due to “Great Migration”Migration”

““Red Summer” – Red Summer” – riots in many major riots in many major citiescities

Resurgence of Ku Resurgence of Ku Klux KlanKlux Klan RosewoodRosewood

The The Red ScareRed Scare – Fear of Communism – Fear of Communism

Palmer raidsPalmer raids Attorney GeneralAttorney General Arrested & deported Arrested & deported

immigrants suspected immigrants suspected of Communist tiesof Communist ties

No trials, hearingsNo trials, hearings

Emma GoldmanEmma Goldman

Anarchist and Anarchist and political activist who political activist who protested against protested against the living and the living and working conditions working conditions in the USin the US

Deported to Russia Deported to Russia as an “foreign born as an “foreign born radical” aboard radical” aboard “Soviet Ark”“Soviet Ark”

The “Soviet Ark” used to The “Soviet Ark” used to transport suspected transport suspected

Communists out of USCommunists out of US

Eugene Debs – President of the Eugene Debs – President of the Socialist PartySocialist Party

Sentenced to 10 Sentenced to 10 years in prison for years in prison for calling these laws calling these laws unconstitutionalunconstitutional

Others were prosecutedOthers were prosecuted

Members of the Members of the International International Workers of the Workers of the World were World were imprisoned for anti-imprisoned for anti-war dissentwar dissent

Anti-Immigrant FeelingsAnti-Immigrant Feelings

Fear new wave of Fear new wave of immigration after WWIimmigration after WWI

Nativism – belief that Nativism – belief that immigrants were immigrants were inferior to native born inferior to native born AmericansAmericans

Immigration Quotas Immigration Quotas based on nationalitybased on nationality

Sacco & VanzettiSacco & Vanzetti Italian, immigrant, Italian, immigrant,

anarchists anarchists Arrested, convicted, & Arrested, convicted, &

executed for robbery executed for robbery and murderand murder

Victims of Victims of whowho they they were more so than were more so than whatwhat they might have donethey might have done

Sacco & VanzettiSacco & Vanzetti

Were “pardoned” Were “pardoned” by Massachusetts by Massachusetts Governor Dukakis Governor Dukakis in 1977in 1977

Intro Prohibition and Scopes Trial – Movie Clip

ProhibitionProhibition 1818thth Amendment - Amendment -

19201920 Illegal to Illegal to

manufacture, manufacture, transport, or sell transport, or sell alcoholalcohol

Volstead Act Volstead Act – – provided provided enforcementenforcement

any beverage that was any beverage that was more than 0.5% alcohol more than 0.5% alcohol

owning any item owning any item designed to manufacture designed to manufacture alcohol was illegal alcohol was illegal

set specific fines and jail set specific fines and jail sentences for violatingsentences for violating

Eventually repealed Eventually repealed in in 1933 by the 211933 by the 21stst AmendmentAmendment

Open defiance of Open defiance of ProhibitionProhibition

Rise of Organized Rise of Organized CrimeCrime

Difficult to enforce Difficult to enforce a law that is so a law that is so unpopularunpopular

Resistance to Resistance to gov’t.!gov’t.!

Attempt to Attempt to legislate legislate behavior!behavior!

Fundamentalism Fundamentalism v. v.

Scientific TheoryScientific Theory Fundamentalism – Fundamentalism –

strict belief in the strict belief in the Bible and theory of Bible and theory of creation (“word for creation (“word for word” word” interpretation)interpretation)

Science – Darwin’s Science – Darwin’s theory of evolution theory of evolution

The Scopes TrialThe Scopes Trial Tennessee Biology Tennessee Biology

teacher arrested for teacher arrested for teaching both teaching both creation and creation and evolution – a evolution – a violation of state law violation of state law (Butler Act)(Butler Act)

Became known as Became known as the “Monkey Trial”the “Monkey Trial”

Clarence Darrow v. Clarence Darrow v. Wm. Jennings Bryan Wm. Jennings Bryan

Early landmark cases of American Civil Liberties Union (ACLU)

Darrow

W.J. Bryant