Espionage Act

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The Espionage Act of 1917 is a federal law signed by President Woodrow Wilson (D) on June 15, 1917, that prohibited obtaining or disclosing national defense information that could be used against the United States or to aid a foreign nation. The legislation was enacted amidst World War I in response to anti-war groups' opposition to the United States' involvement.[1][2]

## Contents

* 1 Background
* 1.1 Schenck v. United States
* 2 Provisions
* 3 Recent news
* 4 See also
* 5 External links
* 6 Footnotes

## Background[edit]

The Espionage Act of 1917 was established by Congress in response to anti-war groups' opposition to the United States' involvement in World War I. The law was enacted in an effort to limit dissent against the war. Individuals and anti-war groups were encouraging people to resist the draft and protest the war effort, which President Wilson believed would limit the United State's power and resources to fight in the war.[2][1]

The act was expanded in 1918 with the addition of the Sedition Act of 1918 as an amendment to Title I of the Espionage Act. The amendment was passed under President Wilson to prohibit speech that went against the war or the military. The amendment included prohibitions on speech that was disloyal to the military, the government, or in support of foreign countries that were at war with the U.S. The Sedition Act was repealed in 1921, however, the Espionage Act remained in effect.[2][3]

### Schenck v. United States[edit]

Schenck v. United States was a case decided on March 13, 1919, by the U.S. Supreme Court that held that the Espionage Act was constitutional. The case concerned whether the act violated the First Amendment right to free speech. The Supreme Court decided in a unanimous decision that the right to free speech is not protected if it invokes clear and present danger.[4]

## Provisions[edit]

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The act prohibited obtaining or disclosing national defense information that could be used to harm the United States or to aid a foreign nation. The act also established criminal penalties for people who obstructed enlistment or were insubordinate in the armed forces. The act also included language to prohibit the mailing of written materials that violated the provisions of the act or encouraged treason.[2][5]

The text of the law states:[5]

“  | (a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or

(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or

(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or

(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.[6]

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The bill also states:[5]

“  | (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—

(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or

(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or

(3) concerning the communication intelligence activities of the United States or any foreign government; or

(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—

Shall be fined under this title or imprisoned not more than ten years, or both.[6]

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## Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Espionage Act. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Espionage Act - Google News

## See also[edit]

* Federalism
* Schenck v. United States

## External links[edit]

* Full text of the law

## Footnotes[edit]

1. ↑ 1.0 1.1 Bill of Rights Institute, "The Espionage Act of 1917," accessed December 2, 2022
2. ↑ 2.0 2.1 2.2 2.3 The First Amendment Encyclopedia, "Espionage Act of 1917 (1917)," accessed December 2, 2022
3. ↑ The First Amendment Encyclopedia, "Sedition Act of 1918 (1918)," accessed December 2, 2022
4. ↑ Oyez, "Schenck v. United States," accessed December 2, 2022
5. ↑ 5.0 5.1 5.2 U.S. Code, "18 USC Ch. 37: ESPIONAGE AND CENSORSHIP," accessed December 2, 2022
6. ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.