Espionage Act

Explanation and Analysis of the Document

Title I of the Espionage Act deals broadly with espionage in all its forms. Section 1, a single 542-word sentence, makes it is against the law to obtain any information—maps, sketches, documents, notes, codebooks, photographs—about any facility that has any bearing on national defense, including not only military facilities but also mines, factories, offices, telephone stations, and the like, if the material is to be “used to the injury of the United States, or to the advantage of any foreign nation.” Also covered are instances of negligence; a person who allows such materials to be stolen, lost, or destroyed is also culpable under the act.

While section 1 deals with the acquisition of information, section 2 addresses the delivery of the information to a foreign government. A person who does so can be imprisoned for up to twenty years, except that if he does so during time of war, the offense is punishable by death or imprisonment for thirty years. This punishment applied not only to those who successfully passed information but also to those who attempted to do so.

Section 3 was controversial because it seemed to infringe on the right of free speech. The law made it a crime to make “false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies.” The law also made it a crime to “cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or . . . willfully obstruct the recruiting or enlistment service of the United States.” Many Americans were opposed to U.S. entry into World War I, and many, like Emma Goldman, urged young men to resist the military draft. The Espionage Act was an effort to criminalize this behavior.

The remaining sections deal with details. Section 4 addresses conspiracies to violate the law. Section 5 imposes penalties on third parties who harbor or conceal violators of the act. Section 6 allows the president to designate any facility as one covered by the act. Section 7 indicates that the law will not limit the jurisdictions of courts-martial and military commissions. Section 8 extends the act to all U.S. territories and possessions.