Nature of the Case
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Facts
Defendant ran around giving speeches against the war and eulogizing those who had been convicted under the Espionage Act. It was alleged that defendant caused and incited and attempted to cause and incite insubordination, disloyalty, mutiny, and refusal of duty in the military and naval forces of the United States and with intent so to do delivered, to an assembly of people. It was also alleged that defendant obstructed and attempted to obstruct the recruiting and enlistment service of the United States and to that end and with that intent delivered the same speech, again. D told draftees that they were fit for something more than slavery and cannon fodder. D was charged with violation of the Act by obstructing or attempting to obstruct the draft, and inciting or attempting to incite mutiny. There was a demurrer to the indictment on the ground that the statute is unconstitutional as interfering with free speech, contrary to the First Amendment, and to the several counts as insufficiently stating the supposed offense. This was overruled. The defendant was found guilty and was sentenced to ten years' imprisonment. Defendant appealed. The audience that D spoke to were drafted but not yet part of the military and thus he could not be hampering the military.
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