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Title: Espionage Act Of 1917
Source:
The Free Dictionary
URL Source: http://legal-dictionary.thefreedictionary.com/Espionage+Act+of+1917
Published: Aug 19, 2012
Author: FD
Post Date: 2012-08-19 21:44:40 by A K A Stone
Keywords: None
Views: 570
Comments: 1
One of the most controversial laws ever passed in the United States, the Espionage Act of 1917 (ch. 30, tit. I § 3, 40 Stat. 217, 219), and an amendment to it passed in 1918 sometimes referred to as the Sedition Act, were an attempt to deal with the climate created in the country by World War I. While most of the Espionage Act was straightforward and non-controversial, parts of this legislation curtailed Freedom of Speech in such a way as to draw an outcry from civil libertarians. It resulted in several important U.S. Supreme Court decisions regarding freedom of speech that continue to be studied. With World War I raging in 1917, the administration of President woodrow wilson decided that there needed to be a law protecting the United States against "the insidious methods of internal hostile activities." While the United States had Espionage laws already on the books, it had not had a law against seditious expression since the Alien and Sedition Acts of 1798 expired. But Wilson and his cabinet had begun to express concern about what Attorney General thomas gregory referred to as "warfare by propaganda." Thus the Wilson administration proposed and Congress passed the "Espionage Act of 1917." Much of the act simply served to supersede existing espionage laws. Sections of the act covered the following: vessels in ports of the United States, interference with foreign commerce by violent means, seizure of arms and other articles intended for export, enforcement of neutrality, passports, counterfeiting government seals, and search warrants. The part of the act dealing specifically with espionage contained standard clauses criminalizing "obtaining information respecting the national defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States" or obtaining such things as code books, signal books, sketches, photographs, photographic negatives, and blue prints with the intention of passing them on to the enemy. While more comprehensive, these passages were not much different than what had been in previous laws against spying and espionage. But the Espionage Act went further. It deemed a criminal anyone who, "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 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, or shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States." The act said such individuals would "be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years or both." The act also declared that any mailing that violated the above provision of the act was illegal, and it also banned any mailings advocating or urging Treason, insurrection, or forcible resistance to any law of the United States. Finally, the act declared it unlawful for any person in time of war to publish any information that the president, in his judgment, declared to be "of such character that it is or might be useful to the enemy." The 1918 amendment to the act, also called the Sedition Act, went further. The act made it illegal to do the following: "To make or convey false reports, or false statements, or say or do anything except by way of bona fide and not disloyal advice to an investor … with intent to obstruct the sale by the United States of bonds … or the making of loans by or to the United States, or whoever, when the United States is at war"; To "cause … or incite … insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States"; To "utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag … or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government … or the Constitution … or the military or naval forces … or the flag … of the United States into contempt, scorn, contumely, or disrepute"; To "willfully display the flag of a foreign enemy"; To "urge, incite, or advocate any curtailment of production in this country of any thing or things … necessary or essential to the prosecution of the war." The passage of the Espionage Act and the 1918 amendment engineered much argument and disagreement. One congressional representative, Martin Madden of Illinois, noted that "while we are fighting to establish the democracy of the world, we ought not to do the thing that will establish autocracy in America." Despite this sort of objection, the act and its amendment passed by large majorities in both houses. More surprisingly, the act was upheld by the Supreme Court on the occasions when it reached the high court. In three cases Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed. 470, (U.S.Pa 1919); Frohwerk v. United States, 249 U.S. 204, 39 S.Ct. 249, 63 L.Ed. 561 (U.S.Mo. 1919); and Debs v. United States, 249 U.S. 211, 39 S.Ct. 252, 63 L.Ed. 566, (U.S.Ohio 1919), the Supreme Court unanimously upheld the convictions under the Espionage Act. Another case, Abrams v. United States, 250 U.S. 616, 40 S.Ct. 17, 63 L.Ed. 1173, (U.S.N.Y. 1919), which was brought under the 1918 sedition amendment to the act, also resulted in the Supreme Court upholding a conviction. Abrams is chiefly remembered for a famous dissent by Justice Oliver Wendell Holmes, who clarified his clear and present danger test when he wrote, "Only the emergency that makes it immediately dangerous to leave the correction of evil counsels to time warrants making any exception to the sweeping command, 'Congress shall make no law abridging the freedom of speech.'" The Espionage Act was eventually superseded by a less onerous Espionage Act passed after World War II. However, remnants of the act, particularly the non-controversial parts, continue to exist in American law as of 2003 (e.g. 18 U.S.C.A. § 793). The act is still cited by many civil libertarians as a law that went too far in its restrictions on freedom of speech. Further readings
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#1. To: A K A Stone (#0)
Unfortunately the JBT's started much earlier, when the ink was barely dry on the Constitution & BOR. The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution and during an undeclared naval war with Britain and France, later known as the Quasi-War. They were signed into law by President John Adams. Opposition to Federalists among Democratic-Republicans reached new heights at this time since the Democratic-Republicans had supported France. Some even seemed to want an event similar to the French Revolution to come to the United States to overthrow the government.[1] When Democratic-Republicans in some states refused to enforce federal laws, and even threatened to rebel, Federalists threatened to send the army to force them to capitulate.[2] As the unrest sweeping Europe was bleeding over into the United States, calls for secession reached unparalleled heights, and the fledgling nation seemed ready to rip itself apart.[2] Some of this was seen by Federalists as having been caused by French and French-sympathizing immigrants.[2] The acts were thus meant to guard against this real threat of anarchy. Democratic-Republicans denounced them, though they did use them after the 1800 election against Federalists.[3] They became a major political issue in the elections of 1798 and 1800. They were very controversial in their own day, as they remain to the present day. Opposition to them resulted in the highly controversial Virginia and Kentucky Resolutions, authored by James Madison and Thomas Jefferson. Four separate laws constituted what is commonly referred to as the "Alien and Sedition Acts" The Naturalization Act (officially An act supplementary to, and to amend the act to establish a uniform rule of naturalization; and to repeal the act heretofore passed on that subject; ch. 54, 1 Stat. 566) repealed and replaced the Naturalization Act of 1795 to extend the duration of residence required for aliens to become citizens of the United States from five years to fourteen years. The Alien Act (officially An Act Concerning Aliens; ch. 58, 1 Stat. 570) authorized the president to deport any resident alien considered "dangerous to the peace and safety of the United States." It was activated June 25, 1798, with a two year expiration date. The Alien Enemies Act (officially An Act Respecting Alien Enemies; ch. 66, 1 Stat. 577) authorized the president to apprehend and deport resident aliens if their home countries were at war with the United States of America. Enacted July 6, 1798, and providing no sunset provision, the act remains intact today as 50 U.S.C. §§ 21–24. At the time, war was considered likely between the U.S. and France. The Sedition Act (officially An Act in Addition to the Act Entitled "An Act for the Punishment of Certain Crimes against the United States"; ch. 74, 1 Stat. 596) made it a crime to publish "false, scandalous, and malicious writing" against the government or certain officials. It was enacted July 14, 1798, with an expiration date of March 3, 1801 (the day before Adams' presidential term was to end).
Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.
en.wikipedia.org/wiki/Alien_and_Sedition_Acts 
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
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