50 Ariz. St. L.J. 927 (2018). James Weinstein. On July 24, 1917, Learned Hand, then a young judge on the United States District Court for the Southern District of New York, enjoined the New York City Postmaster from refusing to mail the August issue of a self-proclaimed “revolutionary” magazine called The Masses. The Postmaster had deemed the issue nonmailable because in his view material condemning America’s involvement in World War I tended to cause “insubordination, disloyalty, mutiny [and] refusal of duty” and “obstruct[ed] the recruitment or enlistment service of the United States” in violation of the Espionage Act of 1917. Judge Hand began his opinion by construing the Espionage Act against a background of “that right to criticize either by temperate reasoning, or by immoderate and indecent invective, which is…