wwi espionage and sedition act

1. - Physically Fit, a political cartoon by
Henry Glintenkamp 1917
- Only one judicial decision in this
era could be called a genuine First
Amendment victory, Masses
Publishing Co. v Patten (S. D. N. Y.
1917). In Masses, Judge Learned
Hand found that the postmaster's
refusal to allow mailing of a
revolutionary journal violated the
First Amendment. Hand proposed
an incitement test, requiring focus
on whether the words were
"triggers to action" rather than
"keys to persuasion." Is the Hand
approach preferable to that
suggested by Holmes and Brandeis
in their dissents? Which test offers
more protection?