United States v. Nearing
District Court, S.D. New York
Scott Nearing and the American Socialist Society were indicted for conspiracy to violate and attempted violation of the Espionage Act. On demurrer to the indictment. Demurrer by both defendants to two indictments — the first found on March 21, 1918, and the second on May 13, 1918. The first indictment is in four counts.
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Scott Nearing and the American Socialist Society were indicted for conspiracy to violate and attempted violation of the Espionage Act. On demurrer to the indictment. Demurrer by both defendants to two indictments — the first found on March 21, 1918, and the second on May 13, 1918. The first indictment is in four counts. The first count alleges that the two defendants, of whom one is.a New Xork corporation, conspired with certain unknown persons to violate section 3 of the Espionage Act (Act June 15, 1917, c. 30, 40 Stat. 219), while the United States was at war with Germany; i. e., to cause…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The two first counts of both indictments allege a conspiracy to cause insubordination in the army and to obstruct the enlistment service by the publication of the pamphlet above described. We are to suppose that the conspiracy contemplated and intended that the pamphlet should be circulated among present or future members of the army, and persons subject to the draft and to voluntary enlistment, and that the pamphlet was chosen as a means apt to cause the first to become insubordinate and the second to evade the draft or refuse enlistment. If the…
2Cases cited9 opinions
- Joplin Mercantile Co. v. United StatesSupreme Court of the United States · 1915
- Cohen v. United StatesCourt of Appeals for the Second Circuit · 1907
- Kaufman v. United StatesCourt of Appeals for the Second Circuit · 1914
- Masses Pub. Co. v. PattenDistrict Court, S.D. New York · 1917
- Joplin Mercantile Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1914
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3Cited by15 opinions
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- Egan v. United StatesCourt of Appeals for the Eighth Circuit · 1943
- United States v. CarterCourt of Appeals for the Sixth Circuit · 1963
- Mininsohn v. United StatesCourt of Appeals for the Third Circuit · 1939
- BELTRANBoard of Immigration Appeals · 1992
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