Defendants' Demurrer in U.S. v. The Masses Publishing Company
6/1/1918 - 6/3/1919
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In this document, the attorney for the defendants —The Masses Publishing Company and its staff members — objects to the charges in their indictment: violation of Section 4, Title I, of the "Espionage Act approved June 15, 1917, relative to the state of war with Germany, for conspiring to obstruct the recruiting and enlistment service of the United States by publishing 'The Masses' magazine."
The socialist magazine The Masses was dedicated to “radical art and freedom of expression.” For the August 1917 issue, the editors, artists, and writers crafted pieces that showed disapproval for America's involvement in World War I. This was dangerous because of the recent passing of the Espionage Act that made it illegal to make any statements that would interfere with the military operations, promote the success of the enemy, cause insubordination by soldiers or obstruct the draft. The maximum sentence was 20 years in jail. The act also gave the Post Office the power to seize any controversial periodical that went through the mail as “non-mailable.“ The Masses August issue was seized by New York City’s Postmaster T. G. Patten. In the only court case that supported freedom of the press during WWI, Judge Learned Hand agreed with The Masses and supported their right to publish by saying nothing within the journal directly advocated resistance to the law.
The Government appealed and indicted seven staff members of The Masses for espionage. After two hung juries and with the war already over, the government decided to stop prosecution in the case.
The Federal Government made over 2,000 arrests and 1,000 convictions in relation to the Espionage act, commonly called the Sedition Act.
The socialist magazine The Masses was dedicated to “radical art and freedom of expression.” For the August 1917 issue, the editors, artists, and writers crafted pieces that showed disapproval for America's involvement in World War I. This was dangerous because of the recent passing of the Espionage Act that made it illegal to make any statements that would interfere with the military operations, promote the success of the enemy, cause insubordination by soldiers or obstruct the draft. The maximum sentence was 20 years in jail. The act also gave the Post Office the power to seize any controversial periodical that went through the mail as “non-mailable.“ The Masses August issue was seized by New York City’s Postmaster T. G. Patten. In the only court case that supported freedom of the press during WWI, Judge Learned Hand agreed with The Masses and supported their right to publish by saying nothing within the journal directly advocated resistance to the law.
The Government appealed and indicted seven staff members of The Masses for espionage. After two hung juries and with the war already over, the government decided to stop prosecution in the case.
The Federal Government made over 2,000 arrests and 1,000 convictions in relation to the Espionage act, commonly called the Sedition Act.
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 7595376
Full Citation: Defendants' Demurrer in United States of America v. The Masses Publishing Company, Max Eastman, Floyd Dell, C. Merril Rogers Jr., Henry J. Glintenkamp, Arthur Young, and John Reed; 6/1/1918 - 6/3/1919; United States of America v. The Masses Publishing Company, Max Eastman, Floyd Dell, C. Merril Rogers Jr., Henry J. Glinterkamp, Arthur Young, and John Reed; Criminal Case Files, 1845 - 1979; Records of District Courts of the United States, Record Group 21; National Archives at New York, New York, NY. [Online Version, https://docsteach.org/documents/document/us-v-the-masses, March 29, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.