Pierce v. United States

v. UNITED PIERCE STATES.

Syllabus.

PIERCE ET AL. v. UNITED STATES. ERROR TO THE DISTRICT COURT OF THE UNITED STATES THE DISTRICT OF

FOR NORTHERN NEW YORK. Argued 18, 19, 8, No. 234. March November 1919. Decided question The decision in another case a constitutional which formed jurisdictional for a direct previously basis writ of error sued out 238, jurisdiction Code, under Jud. does divest this court of its § questions to other raised in the determine the record. P. 242. In conspiracy, order constitute a within 4 of Espionage Act, § offense defined in

to commit a substantive it is not essential that § agreed shall have in conspirators precise advance violating law; and, while the method averment the con- by allegations aided spiracy cannot be overt acts and the committed, they acts punishable is not unless such were conspiracy . criminal, very in themselves still less constitute the need not be object the conspiracy. P. 243. crime which is the wilfully unlawfully, an indictment that defendants in such Averments import feloniously the forbidden acts an committed unlawful P. 244. motive. by pamphlet circulated defendants statements contained Whether by Act, Espionage consequences produce forbidden tended by the and not jury, determined (§ 3), alleged, a matter to be held Id. to the indictment. on demurrer the court jury’s held sufficient to warrant the case examined Evidence in the Espionage Act, of the defendants, con- finding violation committed, attempting the offense of to cause commit, and spired to duty military disloyalty in the and refusal insubordination conveyed false made and statements with forces, and and naval forces, of those and success operation interfere with intent to circulating printed pamphlets and other Germany, with the war those produce results. P. tending circumstances matter pamphlets with a full under- such distributed defendants fact that ground attributing of itself a for furnished standing their contents bring attempted, finding intent, and for them an reasonably might be antici- consequences as any all such about P. 249. distribution. from their pated TERM, 1919. ' Opinion of the 252 U.S. Court. to inter- circulating false statements with intent prosecution In a forces, and naval and success operation fere with the falsity of the state- Espionage Act, 3, where in violation of the § knowledge of common question plainly, as a matter appears ments in subject order is not needed in fact, other evidence on that public and guilty. P. 250. to sustain a verdict jury to determine the statements cases it is for the whether In such literally innocent, figurative taken or in an circulated should be among people whom sense, of the class and character in view the statements were circulated. P. 251. recklessly, ascertain statements without effort to

To circulate such false ’ circulating knowledge of equivalent to them with truth, is falsity. Id. in-question not, do to under- The fact that the statements the common convey anything only interpret or new but standing, purport knowledge, pretended public on matters to be facts of does comment Espionage Act. purview them from the of 3 not remove § P. 252. insufficiency of an

The of one several counts indictment which imposed been does not necessitate re- concurrent sentences have punishment sustain the total where the other counts inflicted. versal Id.

Affirmed. opinion.

The case stated in the Mohr for plaintiffs Mr. Frederick A. error. Attorney Stewart, Mr. Assistant General with whom was on the for the brief, Mr. W. C. Herron United States. Pitney opinion delivered the Mr. Justice of the court. 1917, Plaintiffs in error were indicted October jointly in the United States District Court for the Northern Dis- counts, of New six of which the 4th York, upon trict and at by agreement were struck out the trial and the 1st 5th the Government. is now abandoned charged throughout count the period 2d from v. PIERCE UNITED STATES. Opinion of the Court. of the indict- presentation date of the to the 6,1917,

April war with the being Imperial States at United ment, City Albany, defendants at the Government, German and within the of New York District in the Northern feloniously conspired etc., unlawfully jurisdiction, un- grand jurors to the persons and with other together States, the United against an offense known to‘commit and will- unlawfully, feloniously wit, “The offense insubordination, disloyalty attempting cause fully forces of and naval refusal of duty United was at war and when the States United States in, through, by per- of the United States injury distributing solicitations, public speeches sonal United States certain circulating throughout publicly Pay/ ‘The Price We pamphlets called articles printed publicly were to be distributed pamphlets which said of and York, Northern District New throughout the pamphlets speeches, which articles and solicitations, said dis- insubordination, persistently urge and would should and military naval duty refusal in the said loyalty and injury to the the United forces of the United States its service and failure and military States and and naval to enlist therein available part persons refusal on the above men- by means through and should and would and service of recruiting the and enlistment tioned obstruct at war to United States was the States when the United For of the United States.” the of that service and injury defendants, alleged it wac that certain of overt acts personal made specified, at times City Albany in public speeches, especially solicitations and and persons named and published and distributed to certain certain persons pam- other to the unknown grand jurors copy a of which was phlets Pay,” headed “The Price We it. part annexed the indictment and made during period 3d count the same and charged The August 26, 1917, being war, etc., on at United States

Opinion of the Court. 252 ü. S. of Albany, defendants at felo- City etc., wilfully and niously made, and distributed, conveyed to certain persons named and others grand jurors to the unknown certain false and reports false pamphlets statements certain part attached to and made a of the indictment and headed “The We Price which false Pay,” statements were as shown part by certain extracts quoted pamph- from the let, with operation intent interfere with the and success military naval forces of the United States.

The 6th count that at the charged same place, during 27, period same on while August the United at war, etc., States was defendants willfully and felo- niously attempted cause insubordination, disloyalty, and refusal mutiny, duty and naval service of the United States means of the publication, ” circulation, distribution of “The Price PayWe to certain named persons grand and others to the jurors unknown.

A was overruled, demurrer general whereupon defend- ants pleaded guilty put were on trial together, with the that Pierce, Creo, result and Zeilman were found upon 1st, 2d, 3d and 6th guilty counts, and Nelson count 3d Each separately defendant was only. sentenced to term of imprisonment upon each on count which he had been found guilty; several sentences Pierce, however, Creo, Zeilman, run concurrently. direct writ of present error was out sued under 238, Judicial Code, because of contentions that § Selective Draft Act and Espionage Act un were constitutional. These since been set at rest. Select Cases, ive Law 245 U. 366; S. Schenck v. United Draft States, 47, U. S. Frohwerk v. 51; United 249 States, States, U. S. Debs v. United 204; 249 U. S. 215. 211, for But our continues the of jurisdiction purpose dispos questions of raised in the ing other record. Brolan v. States, United 236 U. S. 216.

PIERCE v. UNITED STATES. Opinion of the Court.

239. refusing sustain there was error It insisted that is (1) the facts ground this on the demurrer, and the allegation the of which con- and circumstances awas failure to (2) there stated; were not rested spiracy unlawful motive showing or circumstances set forth facts and pres- failure to show clear there was a intent.; (3) or would pamphlet the distribution danger ent Congress sought prevent by about the evils that bring the (4) of the Espionage Act; the enactment were not such as pamphlet contained statements the naturally produce forbidden consequences. would of count shows a suffi- have recited the 2d What we of a overt acts conspiracy definite averment ciently I of Title the the of Act.1 provisions Espionage under makes criminal a “to conspiracy section violate 4th or three- title,” of two of this the sections provisions do conspirators any or more of the act to one provided 30, 1917, 217, of June c. 40 Stat. 219. from Act Extract at Whoever, war, willfully the United States is shall See. when convey reports false or false statements with intent to or inter- make military of or or success the naval forces of operation the fere with promote or to the success of its enemies and whoever, States United war, willfully attempt is shall or the United States at cause when disloyalty, insubordination, mutiny, duty, or refusal of cause willfully of States, or forces the United or shall naval obstruct States, recruiting injury or enlistment service of to the the United States, punished or of the United shall be a fine of of service not twenty $10,000 imprisonment or years, more than more than or both. persons conspire provisions If or to violate the two more of Sec. title, of persons of this and one more such does two or three

sections object parties any conspiracy, each such act to effect punished provided in said sections in the case of shall be as conspiracy object doing accomplishment act the which such provided conspiracies to offenses Except as above commit conspiracy. thirty-seven provided punished section title shall this under codify, revise, penal and amend the laws United States the Act fourth, nineteen hundred and nine. March approved 244 1919.

Opinion of the Court. 252 ü. S. object conspiracy. effect the Such a conspiracy, thus be carried into attempted effect, is none the less punishable conspirators because the fail in agree in precise advance method which law shall be violated. It is true the averment the conspiracy cannot be aided allegations respecting overt Joplin acts. United States v. Britton, 199, 108 U. S. 205; Mercantile Co. v. United States, 236 U. S. 531, 536. On hand, the other while under the Espionage Act, as § under 37 of the Criminal Code, a mere with conspiracy, § out in pursuance overt act done of it, is not punishable criminally, yet the overt act need not be in and of itself a act; criminal still less need it constitute the very crime object is the of the conspiracy. United States v. Rabinowich, 78, 238 U. S. 86; Goldman v. States, United U. S.

As to the point: Averments that second defendants unlawfully, or willfully, feloniously committed the for- the, bidden fairly import acts unlawful an motive; 3rd count avers specifically such a motive; the conspiracy charged 2d the willful attempt charged 6th necessarily involve unlawful motives. third and fourth objections to no point infirmity

in the averments of the indictment. Whether the state- ments contained the pamphlet had a natural tendency to produce the forbidden consequences, alleged, was question be determined not upon demurrer but by the jury at the trial. There was no error in overruling the demurrer.

Upon the trial, defendants’ counsel moved that jury be directed to acquit the defendants, upon the ground that the evidence was not sufficient to sustain a conviction. Under exceptions taken to the refusal of this motion urged it is there was no (a) of proof (b) of conspiracy, criminal purpose or intent, (c) of the falsity the statements contained in the pamphlet cir- v.

PIERCE UNITED STATES. Opinion Court. part on (d) knowledge defendants’ such culated, danger (e) creating of circumstances its falsity, the which produce Congress would evils circulation (f) it- pamphlet to and further the sought prevent; to tending be construed as legitimately self could not produce prohibited consequences. ”—was highly Price We pamphlet Pay

The —“The na- by and issued document, colored sensational Illinois, Party Chicago, office of the Socialist at tional protest against to construed as the further fairly and be con- war the United States. It by prosecution-of of war in way general, much in the of denunciation tained in of something way in particular; war the pending better; would things that under be assertion Socialism' support fact or to argument nothing way little or too to be full. long It is quoted assertion. italics by will indicated suffice; those extracts following the 3d body forth in the that were set the same being count: draft law is a fact!

“Conscription upon us; , coming, recruiting are homes the your “Into officers them age impress sons will take they your army; into them long rows, squads break into up them

“Stand wheel; deploy to teach them and platoons, they taught will hands; into their be put will be “Guns without- think, only obey questioning. zone shipped wall be thru submarine they “Then . bloody quagmire of thousands hundreds Europe. of torn flesh and seething, heaving swamp

“Into that divi- in regiments, will plunged, be floating entrails they go. as screaming armies; sions their sin- their flesh from will rend of torture “Agonies every lungs; their bones and dissolve crack will ews, passage you. its multiplied will pang 24G (cid:127)

Opinion of the Court. 252 U. S. will be a at guest “Black death every fire- American side. Mothers fathers and sisters, wives and sweet- weight hearts will know the of that awful vacancy left its the bullet which finds mark. recruiting come;

“And still the will age seising officers to the elder age, mounting up ones and taking after younger they grow size; ones soldier grow. “And the toll death will still ^{[*] [*] [*] [*] [*]} ‡ $ gazes “The of America manhood at that seething, swamp bloody carrion heaving in Europe, and say ’ ‘Must we—be that! it; you “You cannot avoid being are dragged, whipped, lashed, into it; hurled Your flesh and brains and entrails- you must be out of poured crushed into that mass festering decay;

“It price is the you pay your for stupidity you who — have rejected Socialism.

[*] / ^{[*] [*] [*] [*] [*] [*] [*]} “Food go like prices up skyrockets; and show no sign and coming of bursting down.

[********] Attorney “The General the United States is busy so when, to sending prison men who do not stand up the Star Spangled Banner is played, he that has no time to protect supply gamblers. food from *,******* began

“This war over commercial routes and ports and rights; and underneath all the talk about democracy versus hear autocracy, you continual note, and under- current, a subdued refrain;

“‘Get for ready the commercial war that will follow this war.’ war

“Commercial this preceded war; gave rise to this gives itwar; point meaning now to this war; ******** v.

PIERCE STATES. .UNITED Opinion of the Court. “This, say, is a war for the of small you rights nations sighted you land across first when sail the At- of Ireland, lantic is the nation which suffered from has England three more than what Germany centuries for three upon Belgium has inflicted years. go

“But to it! are everything you you Believe told — always will, and doubtless believe them. always have, “For who thinks or this war — as one knows every anything say, truth-telling will whenever becomes safe again, war is determine the possible ques- —This whether, tion, the chambers commerce allied superior right or of the Central have the Empires nations undeveloped exploit countries. “It determine whether dividends and interest, speaking investors German paid shall be profits English French. speaking those certainty into it determined entry “Our was Morgan's loans the allies win, do not P. allies J. if investors who bit on and those American will be repudiated, would hooked.” promises his suggestions with interspersed were expressions

These Socialism, rejection the result of the war was the human race.” was “salvation of Socialism were members that defendants It was in evidence “organized through in locals Party party the Socialist —a local affiliated with a -branch country” out —and that at Albany. There City evidence, at which July 11, held branch, of that meeting “The distributing present, question Pierce was ” obtained sample copies was brought up, Price We Pay been .Chicago having at organization from the national consideration; for produced examination of order question well as the discússed1, pamphlet was organiza from the national copies number ing large proceed criminal distribution; it was stated for tion Opinion of the Court. 252 U. S. ings were pending in the United States District Court for the District of Maryland against parties indicted for distributing the same pamphlet; some of the members present, one of an attorney, them advised against its distribution, and a motion was adopted not to distribute it until it was known to be legal. However, some action to have appears been taken towards procuring copies for on 17th distribution, July large bundle of them, said to have been was 5,000 copies, delivered at Pierce’s house by agent the literature of the Albany local. At a meeting held 25 the July subject again was brought up, it having, become known that in the criminal proceedings before mentioned the had court directed a verdict-of ac quittal; thereupon resolution 11 was July rescinded and distributors were called for. On July 29, defendants Pierce, Creo, Zeilman met at Pierce’s house about half past 5 o’clock morning, immediately began pamphlets distributing large throughout numbers n City Albany. Each of them took about copies, and having agreed among themselves about division of the territory, they went from house to house, leaving a copy upon each doorstep. They this on repeated suc cessive until Sundays August 26, when were arrested. Nelson acted with them as a distributor on the latter date, on one perhaps previous occasion.

There was evidence that in some instances a leaflet en- titled “Protect Your Rights,” bearing the Chicago address of the national office of the Socialist Party, was folded pages between the pamphlet.. The leaflet was a fervid to the appeal reader to join Socialist Party, upon ground that it was the only organization It opposing war. declared other among things: organization “This has war opposed and con- It is still scription. opposed war and conscription. . . . Do you help want this struggle? .' . . The needs now as it party you never needed you before. You w.

PIERCE UNITED STATES. Opinion the Court. before. the as never needed it Men you need now party which lives for a are give up are to cause going you be-, great, noble, will then you convinced is neither cause feel certain you efforts to the that grudge your best in which the great only hope is both and noble and lives ” And of the future? there was evidence promise and on made Pierce the 16th and 17th declarations to amounting an a treason- August, acknowledgment of drafi, to opposing sought in the which he purpose able England.” on he had “no for that use ground excuse dis- dispute It was shown without defendants Pay Price We ”—with pamphlet tributed —“The understanding contents; of its and of itself fur- full this to attributing bring for an intent to ground nished them bring about, to about, finding they attempted and for might as reasonably and all such any consequences its If its anticipated probable from distribution. effect might all at least the jury fairly was at believe disputable, the circumstances it would have a that, existing, under insubordination, and tendency disloyalty, to cause refusal naval military and forces of the United duty to an obstruction of.the States; that it amounted recruit- and to sendee; and was intended ing enlistment the success of our naval interfere with forces which the United States then engaged. the war in to intended, found, it was as interfere Evidently jury and recruitment to conscription sendees; with cause bring to evade to eligible draft; men service sisters, to their them, especially parents, home personal wives, sweethearts, impending sense men enter- loss, discourage young calculated frorq suspicion to arouse whether service; ing con- law Government was more chief officer the. strictness enforcing military discipline cerned speculation against improper protecting people than in a belief supply; produce that our their food TERM; Opinion of the Court. U. S. product in the war was the of sordid participation rather than a design protect the in- motives, sinister the honor of the United terests and maintain States. ought upon to be the placed interpretation pamph- What of be the effect let, probable what would distributing it and were defendants’ in the mode what adopted, motives not the doing this, questions jury, in were for the court, to decide. Defendants took the witness-stand and sever- ally was testified, effect, purpose their sole to gain with the operation converts for to interfere Socialism, not or of success the military of the naval or forces United States. But their far conclusive, evidence was from and the jury very evidently .find—as reasonably might did—that were protestations the of innocence insincere, and that indeed, the real of purpose the defendants — real hamper of the the object pamphlet to Govern- —was ment in the of the prosecution war.

Whether fact the words would in produce as a printed proximate with result a material interference recruiting or or service, enlistment or the success operation of the forces of the States, United was a for the question jury decide in vievf of all circumstances time and con- sidering place of manner distribution. Schenck a^d v. United States, 47, 52; U. S. Frohwerk 249 v. United States, 204, 249 U. Debs 208; S. v. United States, U. S. 211, 215.

. Concert of on Pierce, action and part Creo, Zeil- man clearly, taken in connection appeared, and, with the nature of the pamphlet and knowledge their of its con- tents, furnished aof conspiracy abundant evidence overt acts to sustain their upon conviction the second coünt.

The validity of the conviction the third count (the one only that includes whether Nelson),depends upon there was lawful falsity evidence of the of the statements contained in the pamphlet tending that, shoy

PIERCE v. UNITED STATES. Opinion of the Court. knowing they false, were or disregarding probable falsity, it, with defendants circulated intent willfully interfere with or success operation naval The criticism forces United States. evidence show the untruth the statements admitted to P. Morgan’s about J. about General Attorney loans to the evidence founded; the Allies is well that it was to con- but needed admissible; hardly we see of these other falsity vince jury reasonable Common pamphlet. statements knowl- contained (not Address edge Congress the President’s mention 1917, Resolution of de- April April the Joint evidence) would claring introduced war, which were the statements as to the to show at least that sufficed of the United States into the entry causes that led to the and such against false; war common grossly were Germany that defendants knew they also knowledge prove went to if in a were were false literal they untrue. That taken ought that not argued It is sense is hardly disputed. it is the But when remembered that to taken literally. circulated, to be and so far as intended pamphlet was circulated, among in the matter was acted defendants it conditions, cannot be said as readers all classes and number of them would matter law that no considerable sense and take them in literal understand statements finding state- The seriously. jury warranted defendants, to be so fact, false in and known ments effort to without ascertain or else distributed recklessly, 148, 155), 111 U. Schlesinger, S. (see the truth v. Cooper to interfere with the in order suc willfully and circulated States. is sufficient the United This cess of the forces of of the defendants upon to sustain the conviction all third count. of the support evidence in being

There substantial it peremptorily have erred if had court would charges, upon any of the counts. acquittal an directed .

Opinion of the Court. 252 U. S. the effect of the as to question whether evidence was such overcome reasonable doubt of was for the any guilt jury, not to decide. court,

It “Whoever, the clause of when- suggested § 3— war, is at shall make or con- willfully United States with false or false statements intent to inter- vey reports or success of the or operation fere with naval forces of the or to the success of its promote States United to enemies” —cannot be construed cover statements on their common do face, understanding, pur- port new, only but or convey anything interpret comment on matters to be facts of pretended public however false statements and knowledge; whatever evil are not purpose circulated, they- with if punishable accompanied commenting with pretense upon them as matters of public concern. We cannot accept such a restricts the natural construction; unduly meaning clause, littleTor it to operate upon, leaves circumstances, and disregards the context and the under which the In it would was-passed. effect, statute allow the professed escape advocate of disloyalty responsibility false, statements however so audaciously long as he reiterate, what, did but had been said while before; his ignorant dupes, believing his statements and thereby per- recruiting suaded to or obstruct enlistment service, would be fine punishable by imprisonment under the same section.

Other of error assignments rulings pointing evidence and instructions or to given given refused to be are jury sufficiently disposed what we have said.- by

The conceded of the in- insufficiency first Count dictment does not warrant a reversal, since sentences imposed upon Pierce, and Zeilman did not exceed Creo, that which lawfully might imposed under been second, third, sixth counts, so that the concurrent sen- tence under nothing the first cc adds to punish- mt

' PIERCE UNITED STATES. 253 v. Holmes, JJ., dissenting. States, 140, ment. Claassen v. United U. S. 146; (2 cases) Evans United States, 584, 595, v. 153 U. S. 608; Putnam v. United U. States, 687, 714; S. Abrams v. States, United U. S.

Judgments affirmed. dissenting, delivered the follow- Mr. Justice Brandéis, in ing opinion which Mr. concurred. Justice Holmes What is called “distributing literature” is a means used commonly Party the Socialist increase its membership otherwise to advance the cause advo- cates. To this with head- organization end the national “literature” quarters Chicago publishes at such from organi- to the local sample copies time time and sends approve, purchase copies and These, zations. when making for service in call members to volunteer July 11, before locally. .1917, distribution Sometime a Albany, Party York, local of at New re- the Socialist organization sample copies ceived from the national of a Pay,” leaflet entitled “The We four-page written Price Tucker, Irwin John an Episcopal clergyman St. prominence man sufficient have been included 1916-1917 edition of “Who’s America.” The Who this leaflet came for action proposal up distribute at a local held on 1917. A meeting Albany July 11, fact, who was called attention to member lawyer legal whether it was to distribute this' question in Baltimore in pending leaflet was involved a case and it was States; District of the United voted “not Court Price until we know if it is Pay’ to distribute ‘The We an case referred indictment under legal.” The recruiting by to obstruct conspiracy Draft Act for Selective July leaflet. after the distributing Shortly means that District Judge it became known Rose meeting 11th case; in that and at the next meet- acquittal directed an had Holmes, dissenting. U. 8. and JJ., Brandéis rescind 25th, it was voted to July held ing local, and distributing Price We Pay’ ‘The “against the motion two of of the local, Four members call for distributors.” a and citizen, one naturalized Americans, them native filed his first who had naturalization foreigner fourth a distributors. distributed They volunteered papers, by Albany. hand in copies thousand about five had said an directing acquittal Rose Judge District in the Baltimore case: of the leaflet to the go jury “I think there is anything do not this case. circular; about that opinions own may your

“You it, and as to strong opinions about I have individual very but so far as there; of what said the wisdom and fairness induce a intended to I can it is circular principally see and get newspapers subscribe to Socialist people to I do not think that we for'the Socialist Party. recruits for that kind of people thing. bo ought attempt prosecute it may It in its and be effect, unpa- unwise may very and but would be place, triotic time particular at I further, any think than indeed, far law going very I hold has made know that there been justify, of would tending to was an out here even show there case any not to the law.” attempt persuade obey men in- taken; view and an In York different was New dis- was found four against dictment in- six-counts the trial. eliminated at tributors. Two the counts were convictions, were and on each On the other four there But one the four of fine and of' imprisonment. sentence this court. Government abandoned counts three, charges which There remain for consideration count re- Act false making a violation of 3 the Espionage § interfere' false with “to statements, ports the,intent naval and success find operation with the also,involving 3 of six, counts two forces”; § at- Act, conspiring, the other for one Espionage y. PIERCE UNITED STATES. Holmes, JJ., dissenting. “to

tempting, cause insubordination, disloyalty re- of fusal and duty military naval forces.” Demurrers to the several and counts motions that a verdict be directed for the several defendants were overruled.

In considering the several counts important it is note three classes of offences are included in 3 of the § Espionage Act, and that liability of under essentials them differ materially. The first which class, under count three is is drawn, the offence or making of con- veying or false statements reports with to interfere intent with the or of operations success and naval forces. The involved in two second, counts and six that of attempting to cause insubordination, disloyalty, mu- or tiny, duty. refusal of third, With the that of obstruct- ing recruiting have, enlistment we service, since the abandonment of the first here. count, no concern Al- though the or words uttering publishing charged be there admitted, arises in necessarily every case—whether be of charged offence the first or of class the second— the question whether the “in words were used such circum- are of stances and such a nature as to create a clear danger that will present about the bring substantive evil that has Congress right Schenck v. prevent,” States, United 249 U. S. and also 47, 52; the question whether act of or uttering was done publishing will fully, that with the is, produce intent to the result which Congress sought prevent. thé But in cases of the first' class three additional elements the crime must be estab : lished, namely

(1) The or statement must be of report something capable being proved false in fact. The expression for instance, an whether or opinion, unsound, sound might conceivably afford a sufficient basis for the charge to cause attempting insubordination, disloyalty or duty, refusal of or for the charge obstructing recruiting; but, because an is not opinion, capable proved, of being

(cid:127) Holmes, dissenting. S. TI. JJ., the basis of of cannot be made fact, a statement false class. first prosecution be proved must (2) report statement or false. be known by must report

(3) The statement conveyed. made or false when defendant to be wholly consists alleged In at bar the offence the case published had been leaflets which distributing written is admitted. But The fact of distribution others. charged of crime two classes element of the every other justify in order to. conviction. With must be established later, only to be exceptions discussed unimportant establish the several elements introduced to evidence itself; is the leaflet charged the crimes both of which might extraneous evidence by leaflet is unaffected meaning effect. In special to words used therein give furnishes any order to determine whether leaflet the above enumerated ele- any evidence establish of the whole leaflet must charged, ments of the offences read. It is follows: necessarily be; PAY. "THE PRICE WE Irwin St. John Tucker. By

I. draft us: the law is “Conscription a fact! Into homes the officers are your recruiting coming. They will take sons of and your military age impress them army; into the inup rows, them break them into long

Stand and squads deploy wheel; teach them to and platoons, will put hands; they Guns will be into be taught without think, only questioning. obey Then will be thru the submarine they shipped zone of thousands to bloody hundreds of quagmire Europe.. heaving

Into that of torn seething, swamp flesh and PIERCE v. UNITED STATES. JJ., Holmes, dissenting.

floating they entrails will be plunged, in' regiments, divi- armies, screaming as they go. sions of will Agonies torture rend their flesh from their sinews, will crack their bones and dissolve their pang lungs; every will be multiplied passage its to you.

Black death will be a at guest every American fireside. Mothers and fathers and sisters, wives and sweethearts will weight knów the of that awful left vacancy which bullet finds its mark.

And still the recruiting officers will come; seizing age mounting .after age, up to the elder*ones taking younger they ones as grow soldier size;

And still the of will toll death grow, Let them come! Let death and desolation make barren every Home! Let the agony every parent’s war crack heart! Let the horrors and miseries the world-downfall swamp happiness every hearthstone!

Then will perhaps you believe what we been war telling you! For is the price your stupidity, you rejected who have Socialism!

II- I moving pictures saw the Battle “Yesterday company Highlanders shown, Somme. A young in their and handsome kilts brass helmets and bright plaids.

They laughed, joked as stood on the screen ease, at their ranks waiting command advance.. rank, The shows rank after standing and strong camera and with erect, smoking one chaffing another; cent, Then it shows a ‘Less sign: per than of these at close of the day.’ soldiers were alive (cid:127) remained of one five all those laddies, when Only rest came, the were crumpled sunset masses carrion (cid:127) torn plaids. under their , will Many highland a home wail and croon for a many Holmes, JJ., dissenting. S. and U. of carrion, wrapped these masses crumpled because year, hillside. a far French plaids, in their against downhill charging a Germans regiment I saw like snowflakes melted gunfire. away They machine water. hot falling into and with hundreds shown, camps were hospital

The and stages pain in all men of wounded thousands cattle like animals, milling like around suffering, herded pens. slaughter exhibited; and and of war at agony All horror were proclama- and a on the screen flag the end was thrown Country!’ applause for your said: ‘Enlist tion as went most out, and and we scattering; thin very said: their heads and shook men poor recruiting of a scheme!’ ‘That’s a hell ' horror this have fed full with the men of land For been and the call for volunteers years; three past tho during tho scream wild, frantic, desperate; posters has become fire tho red' inflame every billboard, parades from atmosphere every town; seething, heav- gazes of America at The manhood swamp Europe, say carrion ‘Must bloody ing ’ that! we—be whipped, are dragged, You cannot avoid it; you being and entrails into flesh and brains lashed, it; hurled Your into that mass out of you poured must crushed festering decay; who

It is the price you your stupidity you pay — rejected Socialism.

III. prices sign “Food and show no go up like skyrockets; bursting coming down.

Wheat, corn, potatoes, are far above the Civil War mark; butter, eggs, things meat —all these are almost beyond poor family’s reach.

PIERCE v. UNITED STATES. Holmes, JJ., dissenting. Brandéis and Attorney The General the United Státes is so busy sending prison men do who not stand up when the Star Banner Spangled played, he has no time to protect food supply from gamblers. Starvation begins to stare us we, face—and people of the richest and most productive land on earth are told to starve ourselves yet further because our allies must be fed.

Submarines áre steadily sending to the fishes millions of tons of food and stuffs; still we build more ships, and send more and food, more and more is sunk;

Frantically we grub the earth and sow and and tend reap; and then as load frantically the food in ships, and then as frantically sink with them—

We, the 'civilized nations’ the world! While the children of the poor clamor for their bread and the well do their what on shake heads wonder earth .to the poor doing; folks are with growling muttering folks are poor savage their

side-long glances, rolling up are sleeves. For the price pay stupidity their is getting beyond power pay! their

IV. "Frightful are reports being made of ravages in the army training venereal diseases and in camps, n barracks where girl munition workers live. nations lost great

One more men thru loathsome immoral diseases than on the firing line, the first during 18 months of the war.

Back from the Mexican border our boys come, spreading great Plague the curse Black among hundreds thousands of homes; blasting the lives of innocent women and unborn babes, in Europe deprived

Over ten of women are millions husbands, fifty millions babies can never be; JJ., dissenting. S. Holmes, TJ. given mates back will have their who Of those women who will ruined millions twenty are them, there deranged, broken, physically men; mentally wrecks rotten; morally impossible; are made of families generations

Future love will happiness instead and and desolation blackness be; of the future should homes where the reign the silly lie, that 'Social- believed you And all because the home!’ destroy would ism more host; yet wreck the embattled on, guns of Pound rob more fathers, yet and more husbands homes, yet kill sweethearts, of their more babies yet maidens fathers; believing for the mon- pays the world price

That is the Socialism would strous, damnable, lie that outrageous the home! destroy being destroyed; every the homes of the world are

Now But of them would have been saved Socialism. one price! you pay would not believe. Now V. all say, is caused and we you Kaiser; war,

''This against Once democracy autocracy. for fighting are will permanent peace. and Kaiser there dethrone Napoleon. said about And they what That is there has been Napoleon was overthrown since century the world ever saw before. wars than greater and more Germany existed; ever before before There were wars ages. dominated ruled; Egypt before Rome n War always war is and the cause of universal; has been something else somebody wanted Somebody same. it. ownership of fought over the and possessed and and ports routes began war over This commercial democracy all the talk and underneath about rights; under- note, and autocracy, hear continual you versus refrain; current, a subdued v. UNITED

PIERCE STATES. 26.1 Holmes, JJ., dissenting. ready ‘Get for the commercial war that will follow this war.’ it to this preceded war; gave

Commercial war this rise gives meaning now to this war; point war; And are guns as soon as the are stilled the dead bloody will for the buried, prepare commercial forces next ard struggle ports rights, over routes and coal mines railroads; of this, these are the essence as of all other wars!

For for rights is a war of small This, you say, nations you when sail across the sighted first land Atlantic Ireland, which from England nation has suffered than Germany more what three centuries inflicted has. years. for three Belgium everything you you to it! Believe are go But told — will, doubtless them. always have and believe always you paid much when have reason; do retain this Only not re- price; and uttermost and have the last price, the fighting namely told were you you what were ceived for— Democracy- not the price you paid that the

Then remember price your but for price justice, penalty the purchase for stupidity!

VI. of natioris the whole beholding spectacle are “We single the of a accomplishment for working person as one killing. namely end— his child, must ‘do woman,

Every man, every every of destruction. the service bit’ many telling you lo, years these for, have been We wo- man, and every ccmld be mobilized whole nation of to do his bit for service induced child man and laughed at us. humanity you but slacker, traitor, pro-enemy person every call you Now you killing; on the subject crazy not go who will Holmes, JJ., dissenting. U. S. world energy the nations have turned whole kings purpose killing— into for the the service killing killing. — told you us when we you would believe

Why life? for the saving cooperate was possible begged you we not interested when you were Why To destroy? pre- instead to together build; work all of to murder? serve, instead dream- impractical call us did ridicule us and

Why you fellowworkers, a world-state prophesied we ers when the world, benefit of all creating each man for of each benefit man? creating world whole thoughtless jeers, refusal idle those taunts, Those for them paying are you to be listen, fair-minded — now. — children your Lo, price you Lo, price pay! blood, the un- death, will Lo, pay. agony, forgettable sorrow,— your stupidity! price who any- war —as one thinks knows every

For this truth-telling whenever safe thing say, will becomes the question, war is determine possible again, —This the allied nations commerce of whether the chambers of superior right have the to ex- or of Empires., the Central countries. ploit undeveloped dividends prof- interest,

It determine whether is to German or those speaking to paid its shall be investors English French, speaking it certainty into was determined entry by Our loans allies Morgan’s do J. P. win, if the allies who and those American investors will repudiated, be be hooked. would promises bit on his it settled that would question; have Socialism-would given all the producer'shall to every determine produces; nothing he so that would left what b.e value of or investors. exploiters over fo.\ PIERCE v. UNITED STATES. Holmes, JJ., dissenting. that great

With question settled there would be no for cause war.

Until the question surplus settled that profits way, wars will continue; being each war prelude a still and greater vaster outburst of hell; . Until the world becomes weary paying stupen- price dous its for own folly;

Until those who are sent out to maim and murder one the profit another for of bankers and investors determine have and hold what they fought for; money is no Until more sacred than human blood; Until human life refuses to sacrifice itself private gain; explosion

Until millions of dynamite tons stupidity human race is blown away, and Social- ism it is, is known for what the salvation of the human race; will you

Until on keep paying price! then — IF YOU, THIS INTERESTS IT PASS ON. American Socialist, published'weekly

Subscribe Socialist Office, Party, National Madison West Chicago, Ill., cents Street, per year, 25 cents for 6 months. It is without a paper muzzle. out or copy

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City..........State........... leaflet, which is divided into six First: From this 264. Holmes, JJ., dissenting.

Brandéis 252 U. S. chapters, there are forth in three, count five set sentences as constituting the false or reports statements wilfully conveyed by defendants with the intent to with interfere the operation and success of and naval forces of the United States.

(a) Two sentences are from culled the first chapter. follow They immediately after the words: “Conscription is upon us; the draft law is a fact” —and a third sen- tence culled follows a little They later. are:

“Into homes your are recruiting coming. officers will take your sons of They military age them impress into army. . . And . still the recruiting officers will come; after seizing age age, mounting up the elder ones and taking the younger they grow ones to soldier size.”

To prove alleged these falsity of statements the Government gravely called as a witness a major regular army with who years’ experience, has been assigned since July 5, 1917, recruiting work. He ” testified that has to do with the “recruiting volunteer and has to do with the nothing drafting system service the word impress has no place recruiting service. Thé subject his was a matter not testimony of fact but of and as of law it law; statement was erro-_ neous. That is gaining fresh “recruiting supplies for ” forces, as well draft as otherwise had been assumed Circuit of Appeals Court for that circuit in Masses Publishing (decided Co. v. 246 Fed. Patten, eleven Rep. 24 days before this testimony given), was was later ex- held pressly by this court in Schenck v. United States, 249 U. S. 47, 53. The third of the sentences charged false as. was obviously neither a statement nor a report, but prediction; and it verified.1 That the prediction later

1 May 20, 1918, On 79, 40 557, Congress, by joint resolution, c. Stat. extended the draft to- 5, 1917, males who had since June attained the age twenty-one and authorized the President to extend it to those

PIERCE v. UNITED STATES. Holmes, dissenting. JJ., in of is, course, made the leaflet was later verified im- material; the of danger extending but fact shows the beyond its the of a of appropriate sphere scope charge falsity.

(Jo) The fourth forth in the third count sentence set as a false from of statement was culled the third chapter the and is leaflet this:

“The Attorney busy General the United States is so men who do not stand when the Star sending prison up Banner is he played, that has not time to Spangled pro- supply gamblers.” the from tect food To the this statement the Government prove falsity States for that district who Attorney called the United it no law makes a that federal crime not to stand testified ” Banner that when the “Star is Spangled played up fail- any being has no one knowledge prosecuted he for this judge supplemented to do The presiding ure so. like General, testimony ruling Attorney is do his Government, presumed of the officer every presumption his and that this duty and not violate duty was to the adduced. contrary unless evidence should obtain (No. 1913, of the Edition of 378, Regulations Army The is in if the Anthem played National 88) provide p. whether in or present, uniform in place those civilian any clothes, until last note anthem: The shall stand to those operation limited in its regulation expressly although military service, practice belonging throughout the war. observed civilians commonly was act, June, 5, fixed attaining age. 1918, was Under.this thereafter August. Registration. Subsequently, 24, Second for the the date coming age registration of all supplemental fixed for 1918, was August 1834; 40 24, 1918. 40 Stat. Stat. 5, 1918, June between 8, 166, 955, provisions August 31, Stat. 191 c. By ofAct ages eighteen persons between were draft law extended 12, 1918, as the act, fixed September was forty-five. Under this . Registration. Stat. 1840 for the date Third Holmes, JJ., dissenting. 252 U. S. There was no federal law imposing such action upon them. Attorney who General, does not enforce Army Regu- lations, was, engaged therefore, sending men to prison for that offence. But the passage when in question is read connection with rest of chapter, seems that it clear intended, not as statement of fact, but aas criticism of the Department Justice devoting its efforts to prosecutions for acts omissions indicating lack of sympathy with the rather than war, to protect- ing community from profiteering by prosecuting vio- of the Food lators Control (August 10, Act. c. 1917, 276.) governmental 40 Stat. criticisms of Such operations, though grossly -unfair as an interpretation of facts or even wholly unfounded fact, are not “false reports or false statements with intent to interfere with the opera- or tion success of the or n ival forces.” (c) The remaining sentence, set forth in count three aas false statement, was culled from sixth chapter of the leaflet and is this:

“Our entry into it was determined by the certainty that if the do allies not win, Morgan’s J. P. loans to the allies will be repudiated, and those American investors who bit on his promises would be hooked.”

To prove the falsity of this statement the Government introduced the address made by President to Congress on April 2, 1917, which preceded the adoption of the Joint Resolution of April 6, 1917, declaring that a state of war exists between the United States and the Imperial German (c. Government 1); 40 Stat. This so-called statement of fact—which is alleged to be merely false—is a conclusion or a deduction from facts. True it is the kind of conclusion which courts call a conclusion of as fact, distinguished from a conclusion of law; is spoken which sometimes of a finding as of ultimate distinguished fact as from an evidentiary fact. JBut, in its essence it is the expression of a judgment —like v. UNITED

PIERCE STATES. Holmes, JJ., dissenting. Brandéis'and of To many so-called historical facts. such statements. of this conclusions deductions the. declaration court Magnetic Healing McAnnulty, American School v. of 94, 104, applicable: U. S. is by no truth which “There is exact standard of absolute to the assertion false and a fraud. We mean prove of complainants that the claim cannot be the say proved it fact; as of an cannot subject proof ordinary nor pretense promise, as a fact to be a fraud or false who be said that those assume heal properly can method of ills or resort this cure bodily infirmities obtaining pretenses, under false guilty money are statutes, which do evidently are intended such as opinion upon to deal with mere matters of not assume as proof are subjects capable falsity.” which not of most human action —is The cause a war —as cooperat- ordinarily many the result single. War conditions, acts and motives. many different ing causes, what in their as to rarely judgment agree Historians war, when particular even determining factor in and the where detachment write under circumstances minimize both all sources of evidence from availability individuals, error. For sources and other prejudice to those individuals, significance attach classes . the con- And, them. are things significant which like a chemical be subjected, causes cannot tributing tube, quantita- qualitative in a test combination value the various ele- weigh and tive so as analysis in necessarily their judgments. differ the historians ments, great man, war in a cause of determining One finds necessity, a an economic belief, a idea, in an another machination, or an accident. sinister advantage, trade to interpret men seek largely that It is for this reason generation,’ with each new often age, and anew in each history. world’s in the events the important April 6, Resolution of the Joint for who voted That all TERM, 1919. dissenting. S. Holmes, 252 U. JJ., . the Presi- assigned by did not do 1917, so reasons is Congress 2, in demonstrated April dent his address on That in the in the Senate.1 the discussions House and Senate and debate discloses also both in the desire to ensure House the loans Allies and the full in were declared to have been instru- repayment in in about in the sentiment bringing country mental our may However we believe strongly favor the war.2 253, 254, Cong. 344, 354, 357, 407. See 55 Rec. April 4, Senate 1917: Discussion in “ any no doubt in . . is mind but the . there enormous amount money country allies in this has been loaned to the instrumental in bringing country sentiment of our public taking about a favor every course make bond that would worth a hundred cents on the every making payment (55 dollar certain and debt sure.” .) Cong. p. Rec. 213 April 5, Discussion the House $500,000,000 by Morgan “Since the loan of was made to the allies persistent their efforts have been to land soldiers our in the French (55 p. 342.) Cong. trenches.” Rec. “Already allies, we loaned the through banking have our system, up 1916, to December $2,325,900,000 enormous sum of in formal huge loans. Other sums have been loaned and millions have been your added Since are, that date. ‘Where your treasures there bewill why heart also.’ That one of the reasons we are about to enter Morgans this war. No wonder the and the munition makers desire war. . . . Our desire that Sam Uncle underwrite these financiers huge fight and other loans and to defend interests, their financial may (55 362.) theie no Cong. final loss.” p. Rec. “I believe Americans, that all except although that limited influen willing tial go class which is on shedding men’s protect other blood to its investments add to its profits, accursed have abhorred the thought (55 Cong. p. 386) war.” Rec. “Likewise, Chairman, Morgans Mr. Fierpont J. and their loans, associates, who floated running war into millions which they guarantee now want the entering United States to European Cong. war. (55 . . p. 372.) Rec. n germs “These war are epidemic contagious. both They are in but or other somehow multiply fastest in the fumes air/ around the many munition factories. You will find our climate. 269 v. UNITED STATES.

PIERCE dissenting. Holmes, JJ., 239. Brandéis makeweight, slightest that were not the much these loans country’s the factor, decision, less a determining Senate and fact of our representatives that some on one of most solemn declared otherwise House help us to Nation, of should history occasions jn charged like that here understand statements of opinion judgment, be false are in essence matters or jury upon fact to aby of be determined matters address, the President’s evidence; without that even our entry moral high grounds justifying which set forth as accepted establishing into not be war, may beyond a ascribing doubt that a statement base a reasonable false alleged All state- criminally motive false. public and discussion of interpretation ments were an had been proceeding If the facts of interest. public interposed. been privilege might libel, defence is no Gandia U. S. There reason Pettingill, v. class Congress, special prohibiting believe interfere with what was ob false intended to statements, from a statement. viously distinguished comment as of opinion ruled that presiding judge expressions but were riot under punishable act; false statements he left determine whether the five sen- it to the jury or expressions tences in were statements question facts from opinion. As this was to be made determination extrinsic of the leaflet unaffected evi- reading by any To hold dence for the court. was one question jury make statements conclusions may punishable declaring involved, like those here them opinion, practically to be of facts and to false would statements freedom cf parties of small criti- deny political members run feelings high cism and discussion in times when are deemed fundamental. and the involved questions - monej They Street and other multiply pretty also fast Wall centers. ( declaring Cong. save the opposed speculators.” I am war to 376.) p. Rec. dissenting. Holmes, JJ., 252 U. S. in the act or indeed nothing compelling justify- is

There I it; cannot believe that such a construction ing and the President in Congress approving, in it passing, that such a construction was possible. conceived But, passages even if the the leaflet Second: set from in third count Could be deemed false forth statements act, the convictions meaning within the thereon evidence was unjustified wholly lacking were because of the other essential any one elements of the prove particle there was not a charged. crime Thus of evidence knew that the that the defendants statements were false. the leaflet. were mere distributors of It had They been prominence. a man of some had prepared by It been national organization. Not one of published by the local organization. was an officer even of defendants from least, at was absent them, meetings One at which the to distribute the leaflet was proposal discussed. that the truthfulness of There is no evidence the state- had contained in the leaflet ever been questioned ments found. The before this indictment was statement mainly to sustain the conviction —that concerning relied large effect of our loans the Allies—was merely great what had declared with repetition of been solemnity in in the Senate and earnestness House while the Joint Resolution was discussion. The fact that under had set forth in his noble worthy the President address war, our into the was not grounds entry evidence that to be false the charge these defendants knew base had also The assertion operative. motives been interests, exercise a subtle and great potent, financial in important sinister influence decisions our Govern- high authority. ment had been made men often before he was Presi- Wilson, historian, Mr. himself said the New Freedom that: “The repeated dent and of the Government the United States are masters capitalists manufacturers the United combined PIERCE v. UNITED STATES. Holmes, dissenting. JJ.,

States.” the decision to may We convinced that enter the war such base in- great wholly free was from belief, fluences our per- but we because such is may not, mit a that it jury evidence, was find, the absence proved doubt these defendants a reasonable beyond knew that contrary a statement in this leaflet to the false.- these

Nor of evidence that state- was there a particle the opera- ments with were made with intent interfere tion or forces. So far as success of the and naval intent, there is on any bearing evidence matter local The fact that the refused directly contrary. to the Judge had directed pamphlet to distribute the until Rose in that its a verdict of the Baltimore case shows acquittal permitted. members to do that which the law only desired intent the The tenor the leaflet that the of of itself shows the of to advance cause writer of the publishers that this was Socialism; and each defendant testified the Further- distributing his in only purpose pamphlet. the and the circumstances more, of words used nature affirmatively that were used showed they under which danger,” that present did “create a clear our military or of thereby operations success naval would be interfered with. forces charge count wil-

The third is the of of gravamen time with fully in of war false statements conveying interfere, with success of our to operation intent did that would be or naval forces. One who military defendants, humble to his The country. called traitor as distributors Socialist Party, performed members of the merely deemed ordinarily what would be leaflet third To under the guilty menial hold them service. every intimate Page page is written over 57. Then follows: “It history through of con Congress, it all is written the records of suggestions policy House, economic in at ferences the White many country source, not sources.” from one come this Holmes, dissenting. JJ., U. S. alone, but, effect, is to convict not them in

count its responsible leaders, or at least as that party, treason, I cannot believe commonly word is understood. there is basis our law for such on any a condemnation this record.

Third: To sustain a conviction on second or on the sixth count to necessary prove by cooperating to the leaflet the conspired distribute defendants or at- tempted wilfully insubordination, “cause disloyalty, or refusal of or mutiny, duty, naval forces.” evidence of No° intent so do was introduced unless it- be found the leaflet itself. What has been said in to the third count respect as to the total lack of evidence of evil intent is equally applicable here.

A verdict should have been directed for the defendants on these counts also because the leaflet was not distributed-/ under circumstances, such nor was it of such a nature, as to create a and present danger clear in- either causing subordination, disloyalty, mutiny refusal of .duty the military or-naval forces. The leaflet lurid contains and perhaps exaggerated pictures horrors of war. Its arguments as causes this war may appear us shallow and grossly unfair. remedy proposed seem to may us worse than which, the evil it is argued, will thereby removed. But the leaflet, far from coun- disobedience to selling law, points hopelessness protest, under the existing system, pictures the irresistible power of the arm military of the in- Government, and dicates that acquiescence is necessity. Insubordina- tion, disloyalty, mutiny refusal of in the mili- duty or tary naval forces áre very serious crimes. It not conceivable that any man ordinary intelligence normal would judgment induced be in the by anything leaflet to commit them and risk thereby the severe punish- prescribed ment for such offences. Certainly there was no clear present danger that such would be the result.

MINNESOTA v. WISCONSIN. Syllabus. among The not even distributed those in the leaflet was among or It was distributed the naval service. first count conviction on the has civilians; since no Government, we been abandoned here have dis- might occasion to consider whether the leaflet to the pro- obedience couraged voluntary enlistment of the Draft Act. visions Selective of free men to strive for better right fundamental legislation conditions new and new institutions through argument will be if efforts secure preserved, as fellow citizens be construed may incite- criminal because the merely, ment to disobey existing law— judicial to those argument exercising seems presented mis- power existing evils, be unfair its portrayal or in- reasoning taken in its unsound assumptions, more serious than ir. No temperate language. objections to the can, my reasonably these made opinion, Price Pay.” in “The We arguments presented v. OF WISCONSIN. OF MINNESOTA STATE STATE IN EQUITY. Original. Argued 16, 17, 16, October 1919. Decided

No. March boundary Minnesota is described between Wisconsin Part running Enabling August 6, 1846, west- Act of in the Wisconsin River; through “to the mouth of the St. Louis wardly, Superior Lake rapids to the first of said river up the main channel thence south,” etc. ; thence due village, . . . same, above the Indian Enabling February 26, 1857, from given Act in the Minnesota As boundary of direction, follows the Wisconsin the line opposite

Case Details

Case Name: Pierce v. United States

Court Name: Supreme Court of the United States

Date Published: Mar 8, 1920

Citation: 252 U.S. 239

Docket Number: 234

Court Abbreviation: SCOTUS