Republicans believed Marshall's constitution was an attempt to win over Debs ' supporters, who had a strong presence in Indiana.

The " clear and present danger " test of Schenck was elaborated in Debs v. United States,.

On June 16, 1918, Eugene V. Debs, a political activist, delivered a speech in Canton, Ohio, the main theme of which " was socialism, its growth, and a prophecy of its ultimate success.

" Following his speech, Debs was charged and convicted under the Espionage Act.

Despite many political differences between the two candidates Harding commuted Debs ' sentence to time served ; however, he was not granted an official Presidential pardon.

Debs ' failing health was a contributing factor for the release.

Eugene V. Debs was the nominee of the Socialist Party of America and got 6 % of the popular vote.

This is demonstrated by the use of the word " tendency " in Schenck itself, a paragraph in Schenck explaining that the success of speech in causing the actual harm was not a prerequisite for conviction, and use of the bad-tendency test in the simultaneous Frohwerk v. United States and Debs v. United States decisions ( both of which cite Schenck without using the words " clear and present danger ").

One of the earliest invocations of the Act was in 1894, against the American Railway Union led by Eugene V. Debs, with the intent to settle the Pullman Strike.

In 1912, for example, Eugene Debs ( a founding member of the IWW ) polled 6 % of the popular vote as the Socialist Party presidential candidate — a significant portion of the popular vote considering that this was 8 years before the adoption of universal suffrage in the U. S. Some political scientists would, in part, attribute the lack of an American labour party to the single member plurality electoral system, which tends to favour a two-party system.

Eugene Victor " Gene " Debs ( November 5, 1855 – October 20, 1926 ) was an American union leader, one of the founding members of the Industrial Workers of the World ( IWW or the Wobblies ), and several times the candidate of the Socialist Party of America for President of the United States.

In the early part of his political career, Debs was a member of the Democratic Party.

After working with several smaller unions, including the Brotherhood of Locomotive Firemen, Debs was instrumental in the founding of the American Railway Union ( ARU ), the nation's first industrial union.

As a leader of the ARU, Debs was later imprisoned for failing to obey an injunction against the strike.

Eugene Debs was born on November 5, 1855, in Terre Haute, Indiana, to Jean Daniel and Marguerite Mari Bettrich Debs, who both immigrated to the United States from Colmar, Alsace, France.

Eugene Victor Debs was named after the French authors Eugene Sue and Victor Hugo.

Debs was elected associate editor of the BLF's monthly organ, Firemen's Magazine, in 1878 and appointed Grand Secretary and Treasurer of the BLF and editor of the magazine in July 1880.

Debs tried to persuade the Union members who worked on the railways that the boycott was too risky, given the hostility of both the railways and the federal government, the weakness of the Union, and the possibility that other unions would break the strike.

After A. R. U. Board Director Martin J. Elliot extended the strike to St. Louis, doubling its size to 80, 000 workers, Debs relented and decided to take part in the strike, which was now endorsed by almost all members of the ARU in the immediate area of Chicago.

An estimated $ 80-million worth of property was damaged, and Debs was found guilty of contempt of court for violating the injunction and sent to federal prison.

Debs was represented by Clarence Darrow, hitherto a corporate lawyer for the railroad company, who " switched sides " to represent Debs.

Debs was noted by many to be a charismatic speaker who sometimes called on the vocabulary of Christianity and much of the oratorical style of evangelism – even though he was generally disdainful of organized religion.

As Heywood Broun noted in his eulogy for Debs, quoting a fellow Socialist: " That old man with the burning eyes actually believes that there can be such a thing as the brotherhood of man.

* 1919 – Eugene V. Debs is imprisoned at the Atlanta Federal Penitentiary in Atlanta, Georgia, for speaking out against the draft during World War I.

She supported Socialist Party candidate Eugene V. Debs in each of his campaigns for the presidency.

" Debs spoke with pride of the devotion with which his " most loyal comrades were paying the penalty to the working class – these being Wagenknecht, Baker and Ruthenberg, who had been convicted of aiding and abetting another in failing to register for the draft.

Debs, a forceful World War I antiwar activist, had been convicted under sedition charges brought by the Wilson administration for his opposition to the draft during World War I.

** Eugene V. Debs enters prison at the Atlanta Federal Penitentiary in Atlanta, Georgia for speaking out against the draft during World War I.

In the US, Eugene V. Debs, one of the most famous American socialists, led a movement centered around democratic socialism and made five bids for President, once in 1900 as candidate of the Social Democratic Party and then four more times on the ticket of the Socialist Party of America.

Debs gradually became convinced of the need for a more unified and confrontational approach.

At the time of his arrest for mail obstruction, Debs was not yet a socialist.

Debs, along with Elliott, were the first federal office candidates for the fledgling Socialist party, running ( unsuccessfully ) for US president and Congress in 1900.

Debs received 5. 99 % of the popular vote ( a total of 901, 551 votes ) in 1912, while his total of 913, 693 votes in the 1920 campaign remains the all-time high for a Socialist Party candidate.

Haywood stated: " We are here to confederate the workers of this country into a working class movement that shall have for its purpose the emancipation of the working class ...", and for Debs: " We are here to perform a task so great that it appeals to our best thought, our united energies, and will enlist our most loyal support ; a task in the presence of which weak men might falter and despair, but from which it is impossible to shrink without betraying the working class.

The rift presented a problem for Debs, who was influential in both the IWW and the Socialist Party.

In 1906, when Haywood had been on trial for his life in Idaho, Debs had described him as " the Lincoln of Labor " and called for Haywood to run against Theodore Roosevelt for president of the United States., but times had changed and Debs, facing a split in the Party, chose to echo Hillquit's words, accusing the IWW of representing anarchy.

Debs delivering a speech in Chicago in 1912.

" On June 16, 1918, Debs made a speech in Canton, Ohio, urging resistance to the military draft of World War I.

On June 16, 1918, Eugene V. Debs made an anti-war speech and was arrested under the Espionage Act of 1917.

A year after the Act's passage, Eugene V. Debs, Socialist Party presidential candidate in 1904, 1908, and 1912 was arrested and sentenced to 10 years in prison for making a speech that " obstructed recruiting ".

In his speech to the convention, delivered June 8, Debs outlined his ideas on the goal of the Social Democracy and the tactics which the organization had best follow:

On June 16, 1918 Debs made an anti-war speech in Canton, Ohio, protesting US involvement in World War I, and he was subsequently arrested under the Espionage Act of 1917.

The argument in favor of Debs was that he was entitled to the rights of free speech provided for under the first amendment of the Bill of Rights.