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Gilbert v. Minnesota (doc. #: 79) (1920)  [Findlaw]

Argument Date 11/10/1920
Decided 12/13/1920
Supreme Court Vote 7-2
Note Writing in dissent, Justice Brandeis articulated a novel theory of pre-emption under which the states were pre-empted by the federal Espionage Act from enacting wartime sedition laws.
Majority Opinion McKenna, J.
Dissenting Opinion Brandeis, J., dissenting & Taft, C.J., dissenting
Lower Court Minnesota Supreme Court
Lawyers
For Petitioner
George Nordlin & Frederick A. Pike

For Respondent
James E. Markham, Asst. Atty. Gen. & Clifford L. Hilton, Atty. Gen., for State of Minnesota

Other

Chafee, Zechariah, FREE SPEECH IN THE UNITED STATES (1948), pp. 285-298
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