s an American citizen, relied upon that guarantee, and his
lawyers, in making the appeal, relied upon that guarantee.
Over and against that guarantee was the Espionage Act passed originally
in 1917--June 15th--and amended June 16, 1918.
The language of the original act was as follows:
(Title I, Sec. 3.) "Whoever, when the United States is at war, shall (1)
wilfully 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, (2) shall wilfully cause or
attempt to cause insubordination, disloyalty, mutiny, or refusal of
duty, in the military or naval forces of the United States, or shall (3)
wilfully 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."
The Amended Act was far more drastic:
"Whoever, when the United States is at war, shall wilfully 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, or shall wilfully 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 or
investors, with intent to obstruct the sale by the United States of
bonds or other securities of the United States or the making of loans by
or to the United States, and whoever, when the United States is at war,
shall wilfully cause, or attempt to cause, or incite or attempt to
incite, insubordination, disloyalty, mutiny, or refusal of duty, in the
military or naval forces of the United States, or shall wilfully
obstruct or attempt to obstruct the recruiting or enlistment service of
the United States, and whoever, when the United States is at war, shall
wilfully 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 of the United States,
or the uniform of the Army or Navy of the United States, or any language
intended to bring the form of government of the United States, o
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