[above: Art Young's depiction of the ultimate
businessman, J. P. Morgan].
|Judge Learned Hand agreed, and granted an injunction against the postmaster. Judge Hand held that "the cartoons and editorials fell 'within the scope of that right to criticize either by temperate reasoning or by immoderate and indecent invective, which is normally the privilege of the individual in countries dependent upon the free expression of opinion as the ultimate source of authority.'"
The government countered with a stay of Judge Hand's injunction. A September issue of The Masses was published, but not allowed to be sent through the mail. In October, the magazine lost its mail permit, having failed to qualify as a monthly because the September issue hadn't been sent in the mail. The same month, a grand jury indicted Eastman, Dell, Glintenkamp, Bell, Merrill Rogers (the business manager), Young and eventually, John Reed.
By December 1917, unable to afford publishing without access to the mails, The Masses went out of business.
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