Berger v. United States

Berger v. United States
Argued December 9, 1920
Decided January 31, 1921
Full case nameBerger v. United States
Citations255 U.S. 22 (more)
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinions
MajorityMcKenna, joined by White, Holmes, Devanter, Brandeis, Clarke
DissentDay, joined by Pitney
DissentMcReynolds
Laws applied

Berger v. United States, 255 U.S. 22 (1921), is a United States Supreme Court decision overruling a trial court decision by U.S. District Court Judge Kenesaw Mountain Landis against Rep. Victor L. Berger, a Congressman for Wisconsin's 5th district and the founder of the Social Democratic Party of America, and several other German-American defendants who were convicted of violating the Espionage Act by publicizing anti-interventionist views during World War I.


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