Writing for the majority, Justice Oliver Wendell Holmes Jr. United States (1919), the Supreme Court upheld the act’s constitutionality. Schenck was charged with violating the Espionage Act after circulating a flyer opposing the draft. (AP Photo, used with permission from the Associated Press) Court rules wartime danger justifies restrictions The judge eventually dismissed charges against him and his colleague Anthony Russo. Ellsberg faced charges under the Espionage Act, and went to trial in Los Angeles in 1973. Daniel Ellsberg, pictured here, was a former defense analyst who leaked the famous Pentagon Papers to the New York Times and other newspapers. Along with Attorney General Thomas Watt Gregory, Burleson led the way in aggressively enforcing the Espionage Act of 1917 to limit dissent.īy 1918, in actions that seriously threatened First Amendment freedoms and that likely would not be upheld today, 74 newspapers had been denied mailing privileges. Burleson ordered local postmasters to report any suspicious materials. The act also created criminal penalties for anyone obstructing enlistment in the armed forces or causing insubordination or disloyalty in military or naval forces.įurther, the Wilson administration determined that any written materials violating the act or otherwise “urging treason” were “nonmailable matter,” and Postmaster General Albert S. The Espionage Act of 1917 prohibited obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation. Just after the war, prosecutions under the act led to landmark First Amendment precedents. (Photo available from the Library of Congress, public domain)Ĭongress enacted the Espionage Act of 1917 on June 15, two months after the United States entered World War I. Pictured is Justice Oliver Wendell Holmes who ruled in the case that the danger posed during wartime justified the restrictions on First Amendment rights to freedom of speech placed by the Espionage Act. Schenck was charged with violating the Espionage Act of 1917 when he circulated a flyer that opposed the draft. This course is for 2nd year MIA, MPP and MDS students only.Socialist Charles T. We will examine the practices of disinformation and deception operations and allocate specific emphasis to the key developments in the field of Cyber Warfare. We will investigate how nations utilise covert information and intelligence capacities as active means to promote their foreign policy goals. Second, the course investigates the political usage of intelligence as an instrument of influence in international relations. From Pearl-Harbor, the Berlin 1961 Crisis and to the 9/11 attacks, we will analyse the interface between the intelligence analyst and the political leader and its effect on strategic choices nations make in times of conflict and peace. We will explore the manner in which intelligence information and assessments influence the strategic decision-making process of leaders and nations. First, it focuses on intelligence as a source of information shaping the national leadership’s policy choices. The course examines the role of strategic intelligence as a distinct component in the process of foreign policymaking by focusing on two distinct dimensions. Dilemmas about the methods and scope of intelligence gathering often reflect on the delicate balance between civil liberties and national security, as well as demonstrate the strategic interface between technological capabilities and global power. In the last two decades, the political importance of discussing intelligence’s role in foreign policy is underscored by the moral and practical dilemmas the practice of global espionage presents to political leaders in democratic societies. From the joint efforts to decipher the enigma codes during the Second World War, the espionage competitions of the Cold War, to the current contexts of the “war on terror” and cyber-espionage, intelligence affairs have been both a key arena for international conflict as well as a platform for international co-operation. In addition, the world of strategic intelligence provides a distinctive setting for international interaction. The fate of nations has often been decided on the basis of their ability to gather, understand and act upon information about the international system that surrounds them. Nevertheless, a closer look at key junctures of international relations in the last two centuries exposes the central role strategic intelligence plays in international politics. Intelligence and espionage affairs are often treated as intriguing yet anecdotal parts of diplomatic history. European and Transnational Governance Network
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