Masses Pub. Co. v. Patten
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the Masses Publishing Company against Thomas G. Patten, Postmaster of the City of New York. Prom an order ([D. C.] 244 Fed. 535) granting a temporary injunction, defendant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by the Masses Publishing Company against Thomas G. Patten, Postmaster of the City of New York. Prom an order ([D. C.] 244 Fed. 535) granting a temporary injunction, defendant appeals. This cause comes here on appeal from an interlocutory order granting a temporary injunction commanding the defendant to transmit a certain publication through the mails, which order was entered on July 26, 1917. Thereafter, and on August 4, 1917, the aforesaid order was stayed until the hearing and determination of…
1Opinion of the Court
ROGERS, Circuit Judge.
The complainant seeks an injunction restraining the defendant, as postmaster of the city of New York, from treating the August issue of a magazine known as The Masses as non-mailable matter under the act of Congress of June IS, 1917, commonly known as the “Espionage Act,” and commanding him to transmit the said magazine through the mail in the usual way.
Upon the filing of the complaint an order was catered, requiring the defendant to show cause why the injunction shouldnot issue. At the hearing affidavits were presented on behalf of the complainant to show that, if the…
2Cases cited21 opinions
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- American School of Magnetic Healing v. McAnnultySupreme Court of the United States · 1902
- AMERICAN SCHOOL OF MAGNETIC HEALING v. McANNULTYSupreme Court of the United States · 1902
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3Cited by18 opinions
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- Cherry v. StateCourt of Special Appeals of Maryland · 1973
- United States v. NearingDistrict Court, S.D. New York · 1918
- American Civil Liberties Union, Inc. v. KielyCourt of Appeals for the Second Circuit · 1930
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