Summary

Oliver Wendell Holmes, Jr. Frohwerk v. United States — Opinion of the Court

We do not lose our right to condemn either measures or men because the country is at war. It does not appear that there was any special effort to reach men who were subject to the draft; and if the evidence should show that the defendant was a poor man, turning out copy for Gleeser, his employer, at less than a day laborer's pay, for Gleeser to use or reject as he saw fit, in a newspaper of small circulation, there would be a natural in clination to test every question of law to be found in the record very thoroughly before upholding the very severe penalty imposed.
Source: Wikisource

Oliver Wendell Holmes, Jr. Frohwerk v. United States — Opinion of the Court

When we consider that we do not know how strong the Government's evidence may have been we find ourselves unable to say that the articles could not furnish a basis for a conviction upon the first count at least. We pass therefore to the other points that are raised.
It is said that the first count is bad because it does not allege the means by which the conspiracy was to be carried out. But a conspiracy to obstruct recruiting would be criminal even if no means were agreed upon specifically by which to accomplish the intent.
Source: Wikisource

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