Masses Publishing Co. v. Patten
Encyclopedia
Masses Publishing Co. v. Patten, 244 F. 535
(S.D.N.Y. 1917), was a decision by the United States District Court for the Southern District of New York
, that addressed advocacy of illegal activity under the First Amendment
.
, 250 U.S. 616 (1919) and Gitlow v. New York
, 268 U.S. 652 (1925) and others, the United States Supreme Court struggled to draw the line between politically unpopular speech and actual threats to national security. Masses Publishing Co. v. Patten greatly influenced the Supreme Court’s eventual adoption in Brandenburg v. Ohio
of the "incitement test" for advocacy of illegal activity.
At issue in Masses Publishing Co. v. Patten was the federal Espionage Act of 1917
, which prohibited citizens from counseling or advising violation of the law. The Court found that the New York postmaster's refusal to allow circulation of an antiwar journal under the statute violated the First Amendment.
wrote the opinion:
Judge Hand affirmed that if a citizen “stops short of urging upon others that it is their duty or their interest to resist the law,” then he or she is protected by the First Amendment. One may, for example, “admire” resistors of the draft, but may not, under the “incitement” test, “counsel or advice” someone to violate the law at a specific time and place.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(S.D.N.Y. 1917), was a decision by the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, that addressed advocacy of illegal activity under the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Background
In cases such as Abrams v. United StatesAbrams v. United States
Abrams v. United States, 250 U.S. 616 , was a 7-2 decision of the United States Supreme Court involving the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge curtailment of production of the materials necessary to the war against Germany with intent to hinder the...
, 250 U.S. 616 (1919) and Gitlow v. New York
Gitlow v. New York
Gitlow v. New York, , was a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the...
, 268 U.S. 652 (1925) and others, the United States Supreme Court struggled to draw the line between politically unpopular speech and actual threats to national security. Masses Publishing Co. v. Patten greatly influenced the Supreme Court’s eventual adoption in Brandenburg v. Ohio
Brandenburg v. Ohio
Brandenburg v. Ohio, , was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action...
of the "incitement test" for advocacy of illegal activity.
At issue in Masses Publishing Co. v. Patten was the federal Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, which prohibited citizens from counseling or advising violation of the law. The Court found that the New York postmaster's refusal to allow circulation of an antiwar journal under the statute violated the First Amendment.
Opinion
Learned HandLearned Hand
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
wrote the opinion:
- “To assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government.”
Judge Hand affirmed that if a citizen “stops short of urging upon others that it is their duty or their interest to resist the law,” then he or she is protected by the First Amendment. One may, for example, “admire” resistors of the draft, but may not, under the “incitement” test, “counsel or advice” someone to violate the law at a specific time and place.