Masses Publishing Co. v. Patten

244 F. 535 (S.D.N.Y. 1917)

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Nature of the Case

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Facts

Masses Publishing Co. (P) published a magazine called 'The Masses,' containing politically revolutionary cartoons and text. P ran political material in the magazine during World War I, violently attacking the draft and the war, and expressing sympathy for conscientious objectors. In July of 1917, Patten (D), the Postmaster of New York, refused to accept P's August issue in the mails. D claimed the magazine violated the Espionage Act by making false statements with the intent to interfere with United States military forces, arousing discontent among potential draftees, and promoting insubordination among troops already in the war. P sued D. P wanted a preliminary injunction against D's refusal to mail their issue.