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DEBS v. UNITED STATES

No. 714.

249 U.S. 211 (1919)

39 S.Ct. 252

63 L.Ed. 566

DEBS v. UNITED STATES.

Supreme Court of United States.

Decided March 10, 1919.

Attorney(s) appearing for the Case

Mr. Seymour Stedman, with whom Mr. William A. Cunnea, Mr. Joseph W. Sharts, Mr. Morris H. Wolf and Mr. Isaac Edward Ferguson were on the brief, for plaintiff 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 briefs, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an indictment under the Espionage Act of June 15, 1917, c. 30, § 3, 40 Stat. 217, 219, as amended by the Act of May 16, 1918, c. 75, § 1, 40 Stat. 553. It has been cut down to two counts, originally the third and fourth. The former of these alleges that on or about June 16, 1918, at Canton, Ohio, the defendant caused and incited and attempted to cause and incite insubordination, disloyalty, mutiny...

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