Legal Opinion

United States v. Eastman

District Court, S.D. New York

Decided August 2, 1918PublishedCited by 8 opinions

Max Eastman and others were indicted for conspiracy, in violation of the Espionage Act (Act June 15, 1917, c. 30, 40 Stat. 217), to impede, hinder, or retard enlistment service, and also for conspiracy to cause insubordination in military service, etc. On demurrer to the indictment.

1Opinion of the Court

EEARNED HAND, District Judge.

[1] The disposition of the main issues in this case follows that in United States v. Scott Nearing, 252 Fed. 223, just filed. The first count alleges a conspiracy in which the contemplated means is not specific, except as regards the publication of the magazine. The defendants will be entitled by hill of particulars, if they wish it, to a statement of the “public speeches” and “private solicitation” which are alleged, and to those parts of each number of the magazine relied upon as constituting a part of the conspiracy. They will be also entitled to particulars of…

2Cases cited3 opinions

  1. Masses Pub. Co. v. PattenCourt of Appeals for the Second Circuit · 1917
  2. United States v. NearingDistrict Court, S.D. New York · 1918
  3. United States v. SchutteDistrict Court, D. North Dakota · 1918

3Cited by8 opinions

  1. Singer v. United StatesCourt of Appeals for the Third Circuit · 1932
  2. United States v. LiebermanDistrict Court, S.D. New York · 1953
  3. Stephens v. United StatesCourt of Appeals for the Ninth Circuit · 1919
  4. United States v. Allied Chemical & Dye CorporationDistrict Court, S.D. New York · 1941
  5. United States v. GreveDistrict Court, E.D. New York · 1934

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