![]() The judicial interpretations applied this so broadly that words or acts, regardless of their intent, came under the act.Īnother section of the Espionage Act which was used against anti-war groups is Title XII, which makes non-mailable any matter violating the Act. ![]() The original law makes punishable words or acts Which “wilfully” or by “intent” interfere with the war. So broad, indeed, became the meaning of this section as a result of the decisions handed down by judges in the 1917-1920 prosecutions, that it became impossible for anyone to say or write anything against the war without being prosecuted. The wording of this section is broad enough in itself to draw within it most political opposition to the government and its war policies even broader, however, has been the judicial interpretations of this wording. It was under this section that most of the anti-war cases were prosecuted and convicted during the first World War, including the cases of Eugene V. “(3) or shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both.” “(2) and whoever, when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, ![]() “(1) Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies, That section, establishing three new offenses, reads as follows: However, Section 3 of Title 1 of the Act served the purpose of prosecuting political opponents of the first World War. Most of the Espionage Act deals with such subjects as espionage by enemy agents and the protection of military secrets. What followed, however, scarcely bore out Wilson’s words. In his letter of April 25, 1917, President Wilson promised that “I shall not expect or permit any part of this law” to “be used as a shield against criticism”. The declaration of war on Japan by Congress on Monday brought automatically into operation the war-time legislation known as the “Espionage Act”, first enacted June 15, 1917. Transcribed & marked up by Einde O’Callaghan for ETOL. War Reinstates 1917 Espionage Act Was Used in Last War to Attack Civil Liberties Actual Wording of Statute Does Not Apply to Labor Groups īut Judicial Decisions Include Their Regular Activities Under Itįrom The Militant, Vol. War Reinstates 1917 Espionage Act (13 December 1941)Įncyclopedia of Trotskyism | Marxists’ Internet Archive
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