 Seven Socialist Party leaders, including Victor Berger, who was elected to Congress in November 1918, were indicted for alleged anti-war activities.The defendants were charged under the Espionage Act of 1917, which made it illegal "to utter, print, write, or publish any disloyal, profane, scurrilous or abusive language" about the armed forces, the flag, the Constitution, or democracy.The defendants, who were mostly of German birth or descent, moved for a change of venue away from Landis's courtroom, alleging that Landis had stated on November 1, 1918, that "[i]f anybody has said anything about the Germans that is worse than I have said, I would like to hear it so I could use it myself."