denced in part by speech, * * * (amounted) to coercion within
the meaning of the act."[197] In the opinion of the Court, Justice
Murphy stated, "The mere fact that language merges into a course of
conduct does not put that whole course without the range of otherwise
applicable administrative power. In determining whether the Company
actually interfered with, restrained, and coerced its employees, the
Board has a right to look at what the Company has said, as well as what
it has done."[198] But the constitutionality of legislation prohibiting
the publication by corporations and unions in the regular course of
conducting their affairs of periodicals advising their members,
stockholders or customers of danger or advantage to their interest from
the adoption of measures or the election to office of men espousing such
measures has been declared by the Court to be open to gravest
doubt.[199]

REGULATION OF POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES

The leading case touching this subject is Ex parte Curtis, decided
seventy years ago.[200] Here was sustained an act of Congress which
prohibited, under penalties, certain categories of officers of the
United States from requesting, giving to, or receiving from, any other
officer, money or property or other thing of value for political
purposes.[201] Two generations later was enacted the so-called Hatch
Act[202] which, while making some concessions to freedom of expression
on matters political by employees of the government, forbids their
active participation in political management and political campaigns.
The act was sustained against objections based on the Bill of
Rights;[203] while an amendment to it the effect of which is to diminish
the amount of a federal grant-in-aid of the construction of highways in
a State which fails to remove from office "one found by the United
States Civil Service Commission to have taken active part in political
management or in political campaigns while a member of the state highway
commission," was held not to violate Amendment X.[204]

LEGISLATION PROTECTIVE OF THE ARMED FORCES AND OF THE WAR POWER

The Federal Government may punish utterances which obstruct its
recruiting or enlistment service, cause insubordination in the armed
forces, encourage resistance to government in the prosecution of war, or
impede the production of munitions and other essential war
material.[205] The only issue which has divided the Court with regard to
such s