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SCHENCK v. UNITED STATES

Nos. 437, 438.

249 U.S. 47 (1919)

SCHENCK v. UNITED STATES. BAER v. UNITED STATES.

Supreme Court of United States.

Decided March 3, 1919.

Attorney(s) appearing for the Case

Mr. Henry John Nelson and Mr. Henry J. Gibbons for plaintiffs in error.

Mr. John Lord O'Brian, Special Assistant to the Attorney General, with whom Mr. Alfred Bettman, Special Assistant to the Attorney General, was on the brief, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an indictment in three counts. The first charges a conspiracy to violate the Espionage Act of June 15, 1917, c. 30, § 3, 40 Stat. 217, 219, by causing and attempting to cause insubordination, &c., in the military and naval forces of the United States, and to obstruct the recruiting and enlistment service of the United States, when the United States was...

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