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Freedom of speech

Note 93 — Chapter II · OPPOSITION TO THE WAR WITH GERMANY

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The plain fact that the original Espionage Act is a military statute and not a sedition statute is also recognized by United States v. Fontana, Bull. Dept. Just., No. 148 (N. D. 1917), Amidon, J.; United States v. Wishek, Bull. Dept. Just., No. 153 (N. D., 1917), Amidon, J.; United States v. Henning, Bull. Dept. Just., No. 184 (Wis., 1917), Geiger, D. J.; and implied by other cases. The large number of cases which ignore the clear meaning of the statute is astounding in view of the rule that criminal statutes must be construed strictly.

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