Evidence held sufficient to connect the defendants with the mailing of printed circulars in pursuance of a conspiracy to obstruct the recruiting and enlistment
service, contrary to the Espionage Act of June 15, 1917. P 49 . [p*48] Incriminating document seized under a search warrant directed against a Socialist
headquarters, held admissible in evidence, consistently with the Fourth and Fifth Amendment, in a criminal prosecution against the general secretary of a Socialist
party, who had charge of the office. P. 50 . Words which, ordinarily and in many places, would be within the freedom of speech protected by the First
Amendment may become subject to prohibition when of such a nature and used in such circumstances a to create a clear and present danger that they will bring
about the substantive evils which Congress has a right to prevent. The character of every act depends upon the circumstances in which it is done. P. 51 . A
conspiracy to circulate among men called and accepted for military service under the Selective Service Act of May 18, 1917, a circular tending to influence them
to obstruct the draft, with the intent to effect that result, and followed by the sending of such circulars, is within the power of Congress to punish, and is
punishable under the Espionage Act, § 4, although unsuccessful. P. 52 . The word "recruiting," as used in the Espionage Act, § 3, means the gaining of fresh
supplies of men for the military forces, as well by draft a otherwise. P. 52 The amendment of the Espionage Act by the Act of May 16, 1918, c. 75, 40 Stat.
553, did not affect the prosecution of offenses under the former. P. 53 . Affirmed.
Back to First Amendment Surpreme Court Cases List