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The Espionage Act of 1917 (ch. 30, tit. I § 3, 40 Stat. 217, 219)

The Act allowed criminal conviction of 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."

A person convicted under the Espionage Act of 1917 could be fined up to $10,000, and/or sentenced to 20 years in prison.

Congress created tighter restrictions in its 1918 revision (known variously as the Espionage Act of 1918, the Sedition Act of 1918, and the Alien and Sedition Act of 1918), but Schenck was convicted under the terms of the 1917 Act.

Case Citation:

Schenck v. United States, 249 U.S. 47 (1919)

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