Daily Archives: December 8, 2025


The prosecution of “The Spirit of ’76”   Recently updated !

The World War I years were the worst in the United States’ history for freedom of speech. Eugene Debs was sentenced to ten years for opposing US participation in the war. Charles T. Schenck got the same for distributing petitions against the military draft, and censorship advocates today applaud Judge Holmes’ equation of his advocacy with “falsely shouting fire in a theatre.” There was also a movie that got its creator a federal prison sentence. What did this film do? It celebrated the American Revolution. That made it anti-British, at a time when Britain was our ally in the war.

Poster for Spirit of 76If that sounds insane, it is. Under the presidency of Woodrow Wilson, the federal and local governments stomped on freedom of expression as never before or since, and the Supreme Court said it was fine. Still, The Spirit of ’76 is a weird case. The film was released on May 28, 1917, the month after the USA entered the war. Chicago censors made him cut some scenes depicting British atrocities. It opened in November in Los Angeles; I don’t know if it was seen anywhere during the intervening time. The Los Angeles showing included the censored scenes.
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