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Masses Pub. Co. v. Patten

United States District Court for the Southern District of New York

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

Relevant factsFree

Masses Pub. Co. (plaintiff) published a monthly revolutionary journal critical of American involvement in World War I; its August issue included cartoons and stories depicting resistance to the war effort. Patten, the New York postmaster (defendant), barred the issue from the mail under the Espionage Act of 1917, and Masses sought a preliminary injunction against him in federal district court.

IssueFree

Whether the government may constitutionally prohibit speech that is critical of the United States government but does not directly incite people to resistance or disobedience.

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