Masses Pub. Co. v. Patten

No. 123
Decided Circuit Court of Appeals, Second Circuit
Disposition
reversed
full scope · unanimous
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Court
District Court of the United States for the Southern District of New York
Decided
Judge
ROGERS, Circuit Judge
Posture
Temporary injunction granted to plaintiff commanding defendant to transmit publication through mails
Defendants (2)
Thomas G. Patten, Postmaster of the City of New York
Francis G. Caffey, U. S. Atty., of New York City
v.
Plaintiff (1)
Masses Publishing Company
Gilbert P. Roe, of New York City

Overview

The order granting the preliminary injunction is reversed. The Espionage Act is constitutional, the Postmaster General's determination that the magazine was nonmailable was not clearly wrong, and the publication contained matter intended to obstruct recruiting and enlistment services.

Case summary

The Masses Publishing Company sought an injunction to compel the Postmaster of New York to transmit the August 1917 issue of its magazine 'The Masses' through the mails after the Postmaster General determined it was nonmailable under the Espionage Act of June 15, 1917. The District Court granted a temporary injunction, but the Circuit Court of Appeals reversed. The appellate court held that the Espionage Act was constitutional under both the First and Fifth Amendments, as it imposed no prior restraint on publication and only restricted mail circulation. The court further held that the Postmaster General's determination that the magazine was nonmailable was entitled to deference and would only be overturned if clearly wrong. Examining the magazine's content, including articles idealizing resisters of conscription and cartoons criticizing the war effort, the court found that the publication was intended to obstruct recruiting and enlistment services in violation of the Espionage Act. The court reversed the injunction, upholding the Postmaster General's exclusion of the magazine from the mails.

Abstract

A publisher sought an injunction to compel mailing of its magazine after the Postmaster General deemed it nonmailable under the Espionage Act due to content criticizing the war and idealizing draft resisters. The District Court granted a temporary injunction, but the Circuit Court of Appeals reversed, upholding the Act's constitutionality under the First and Fifth Amendments and finding no prior restraint, only mail restriction. The appellate court deferred to the Postmaster General's determination that the content intended to obstruct recruiting and enlistment, reversing the injunction.

Opinion of the court

Majority
opinion
ROGERS, Circuit Judgejoined by MAYER, District Judge
  • Espionage Act constitutional under First and Fifth Amendments
  • Postmaster General's determinations entitled to deference
  • Magazine contained matter intended to obstruct recruiting/enlistment
  • Indirect encouragement of resistance violates Act

Concurring opinions

1
Concurring WARD, Circuit Judge

Jurisdiction

not challenged
Subject matter
Appeal from interlocutory order granting temporary injunction
Jurisdictional facts
  • Appeal from District Court of the United States for the Southern District of New York

Procedural posture

Posture at trial
Temporary injunction granted to plaintiff commanding defendant to transmit publication through mails
Posture on appeal
Direct appeal from interlocutory order
Preserved issues
  • Constitutionality of Espionage Act
  • Authority of Postmaster General to exclude matter from mails
  • Whether publication was nonmailable under Espionage Act

Legal categories

Criminal

Case record

Full case name
MASSES PUB. CO. v. PATTEN, Postmaster
Docket number
No. 123
Court
Circuit Court of Appeals, Second Circuit
Trial court
District Court of the United States for the Southern District of New York
Decided
Opinion author
ROGERS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
WARDROGERSMAYER

Issues & holdings

4
Issues raised
3
affirmed
1
reversed
4
Holdings
Standard of review

de novo

Disposition rationale

Act imposes no prior restraint on publication and only restricts mail circulation, which is not essential to press freedom

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Exclusion from mails does not constitute deprivation of property without due process

Preservation

Issue preserved for review

Standard of review

abuse of discretion

Disposition rationale

Postmaster General's decision is conclusive unless clearly wrong or exceeding authority

Preservation

Issue preserved for review

Standard of review

clearly erroneous

Disposition rationale

Publication intended to obstruct recruiting/enlistment service and Postmaster General's determination was not clearly wrong

Preservation

Issue preserved for review

Holdings of the court

Constitutionality of Espionage Act under First Amendment
The Espionage Act does not violate the First Amendment's protection of freedom of speech and press
The Act imposes no prior restraint on publication and only restricts mail circulation, which is not essential to press freedom. Congress has power to regulate mails and exclude matter deemed injurious to public welfare.
unanimousbinding precedent
Constitutionality of Espionage Act under Fifth Amendment
The Espionage Act does not violate the Fifth Amendment's Due Process Clause
Exclusion from mails does not constitute deprivation of property without due process. Congress has authority to classify mailable matter and exclude certain publications.
unanimousbinding precedent
Judicial review of Postmaster General's determinations
The Postmaster General's determination that matter is nonmailable is conclusive unless clearly wrong or exceeding authority
When Congress commits determination to executive officer's judgment and discretion, courts will not interfere unless decision is clearly erroneous or beyond statutory authority.
unanimousbinding precedent
Whether magazine violated Espionage Act
The magazine contained matter intended to obstruct recruiting/enlistment service in violation of the Espionage Act
Articles and cartoons, through their natural and reasonable effect, encouraged resistance to conscription law and were intended to willfully obstruct recruiting service, even without direct incitement.
unanimousbinding precedent

Error analysis

  • District Court erred in finding magazine did not contain illegal matter and granting injunction — evidentiary · error foundNot applicable as error was outcome-determinative · not harmless

Statutory interpretation

2
Statute
Espionage Act of June 15, 1917, Title 12, Sections 1-2
Question
What constitutes nonmailable matter
Court's reading
Matter advocating treason, insurrection, forcible resistance to law, or intended to obstruct recruiting/enlistment is nonmailable
Canons applied
plain meaningstatutory context
Statute
Espionage Act of June 15, 1917, Title 1, Section 3
Question
What constitutes willful obstruction of recruiting/enlistment
Court's reading
Includes indirect encouragement and matter whose natural and reasonable effect is to encourage resistance, even without direct incitement
Canons applied
purpose-based interpretation

Standards of review

  • Constitutionality of Espionage Act — de novo Constitutional questions reviewed de novo
  • Postmaster General's determination of nonmailability — abuse of discretion Administrative decisions involving judgment and discretion reviewed for clear error
  • Factual findings regarding publication content — clearly erroneous Factual determinations by administrative agency given deference

Timeline

Procedural path

Espionage Act enactedMagazine publication excludedTemporary injunction grantedStay of injunction grantedInjunction reversed
5
Events
140
Days, incident to ruling
—
Span
factual eventcited in opinion

Espionage Act enacted by Congress

Statute at issue in case

procedural eventcited in opinion

District Court granted temporary injunction commanding postmaster to transmit magazine through mails

Outcome: Injunction granted

Order appealed by defendant

trial court
factual eventcited in opinion

Publication of August issue of 'The Masses' magazine

Publication excluded from mails

procedural eventcited in opinion

Stay of injunction order pending appeal

Outcome: Stay granted

Allowed appeal to proceed

appellate court
appeal eventcited in opinion

Circuit Court of Appeals decision reversing District Court order

Outcome: Injunction reversed

Final disposition of appeal

appellate court

Facts & evidence

Incident

Date
August 1917
Location
New York City

Key facts

6 facts
  1. Plaintiff published August issue of magazine 'The Masses'
  2. Postmaster General determined magazine was nonmailable under Espionage Act of June 15, 1917
  3. Postmaster of New York excluded magazine from mails pursuant to Postmaster General's order
  4. Plaintiff sought injunction to compel transmission through mails
  5. District Court granted temporary injunction
  6. Defendant appealed

Procedural history

4 steps
  1. Plaintiff filed complaint seeking injunction
  2. District Court granted temporary injunction on July 26, 1917
  3. Order stayed on August 4, 1917 pending appeal
  4. Appeal heard by Circuit Court of Appeals

Evidence in the record

Testimonial
  • Advice from solicitor for department, Attorney General, and Judge Advocate General consulted by Postmaster General
Documentary
  • August issue of 'The Masses' magazine
  • Affidavits regarding business impact of mail exclusion
  • Affidavit of Postmaster General
Challenged
  • Evidence type: Magazine articles and cartoons · Challenge basis: Whether content violates Espionage Act provisions · Trial court ruling: admitted · Reasoning: District Court found no illegal matter · Challenged on appeal: true · Appellate outcome: reversed

Objects of relevance

August 1917 issue of 'The Masses' magazineCartoons titled 'Liberty Bell', 'Conscription', 'Making the World Safe for Capitalism', 'Congress and Big Business'

Authorities

Cited authorities (5)

Patterson v. Colorado, 205 U.S. 454 (1907)
followedquotedprecedent
Cited for principle that First Amendment prevents prior restraints but allows subsequent punishment
Ex parte Jackson, 96 U.S. 727 (1877)
followedquotedprecedent
Cited for Congress's power to regulate mails and exclude matter
Public Clearing House v. Coyne, 194 U.S. 497 (1904)
followedquotedprecedent
Cited for constitutionality of Postmaster General excluding matter without judicial hearing
Decatur v. Paulding, 14 Pet. 497 (1840)
followedquotedprecedent
Cited for principle that courts cannot control executive officers in discretionary duties
Bates & Guild v. Payne, 194 U.S. 106 (1904)
followedquotedprecedent
Cited for deference to Postmaster General's determinations on mailability

Statutes

  • Espionage Act of June 15, 1917 (40 Stat. 230)
  • First Amendment to U.S. Constitution
  • Fifth Amendment to U.S. Constitution

Standards & doctrines

  • Deference to administrative determinations
  • Clear error standard for reviewing Postmaster General decisions

Legal principles applied

  • Executive officer decisions involving judgment and discretion are conclusive unless clearly wrong
  • Liberty of circulating through mails is not essential to freedom of press
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Action type
reversed
Target
District Court order granting temporary injunction
Appealed from
District Court of the United States for the Southern District of New York
Context
Circuit Court of Appeals reversed the injunction that commanded postmaster to transmit magazine through mails
Scope
full
Disposition vote
unanimous
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