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GILBERT v. MINNESOTA

No. 79.

254 U.S. 325 (1920)

41 S.Ct. 125

65 L.Ed. 287

GILBERT v. STATE OF MINNESOTA.

Supreme Court of United States.

Decided December 13, 1920.

Attorney(s) appearing for the Case

Mr. George Nordlin and Mr. Frederic A. Pike for plaintiff in error.

Mr. James E. Markham, Assistant Attorney General of the State of Minnesota, with whom Mr. Clifford L. Hilton, Attorney General of the State of Minnesota, was on the briefs, for defendant in error.

MR. JUSTICE McKENNA delivered the opinion of the court.

A statute of Minnesota makes it unlawful "to interfere with or discourage the enlistment of men in the military or naval forces of the United States or of the State of Minnesota."

Its second and third sections are as follows:

"Sec. 2. Speaking by word of mouth against enlistment unlawful. — It shall be unlawful for any person in any public place, or at any meeting where more than five persons...

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