Gorin v. United States

Background

Gorin, a citizen of the Union of Soviet Socialist Republics, obtained from Salich the contents of more than fifty Naval Intelligence reports from the San Pedro branch. Salich, a naturalized Russian-born citizen and civilian investigator, had free access to those records. The joint indictment charged three counts under the Espionage Act: obtaining information connected with national defense (§1(b)), delivering it to a foreign agent (§2(a)), and conspiracy (§4). The petitioners were convicted, fined $10,000 each, and sentenced (Gorin six years, Salich four).

Reasoning

The Court asked whether "national defense" in §§1(b) and 2(a) is limited to the specific places named in §1(a), and whether the statute is unconstitutionally vague. The Court held the later sections protect documents and information connected with national defense beyond the places listed, and that the mens rea requirement—intent or reason to believe the information would injure the United States or advantage a foreign nation—supplies a limiting principle. The Court found the language definite and affirmed that the jury properly decided whether the reports related to national defense.

Real world impact

The ruling affirms the Government’s power to prosecute the obtaining and delivery of defense-related reports even when the reports are not tied to places specifically listed in §1(a). It confirms that prosecutions under these sections require proof of bad faith intent, so innocent or public documents are unlikely to be punished. It also confirms juries may decide if particular information relates to national defense. The Court affirmed the convictions and rejected the petitioners’ vagueness and instruction objections.