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Freedom of speech

Note 242 — Chapter III · A CONTEMPORARY STATE TRIAL—THE UNITED STATES VS. JACOB ABRAMS ET AL.

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The Supreme Court has granted a new trial for unexcepted misdirection imperiling liberty. Wiborg v. U. S., 163 U. S. 632, 659 (1896). Accord, Skuy v. U. S., 261 Fed. 316 (C. C. A. 8th, 1919). See August v. United States, 257 Fed. 388 (C. C. A. 8th, 1919), which holds that Act of February 26, 1919, c. 48, amending Judicial Code, § 269, now authorizes an appellate court to look to the entire record and render judgment without regard to the technicality of want of exceptions. It is doubtful, however, if this statute does more than prevent reversals for non-prejudicial errors.

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