New York Times Co. v. United States · ¶64

It is true that Judge Curfein found that Congress had not made it a crime to publish the items and material specified in § 793 (e). He found that the words “communicates, delivers, transmits...” did not refer to' publication of newspaper stories. And that view has some support in the legislative history and conforms with the past practice of using the statute only to prosecute those charged with ordinary espionage.. But see 103 Cong. Rec. 10449 (remarks of Sen. Humphrey). Judge Gur-fein’s view of the statute is not, however, the only plausible construction that could be given. See my Brother White’s concurring opinion.

U. S. Reports, bound volume
U. S. Reports, volume 403, at 713 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.