The Trial
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- Following the passing of the Espionage Act (Pub. L. 65-24, 40 Stat. 217, enacted June 15, 1917), The Masses attempted to comply with the new regulations as to remain eligible for shipment by the U.S. Postal Service. The business manager, Merrill Rogers, "made efforts to be in compliance by seeking counsel from George Creel, Chairman of the Committee on Public Post office still denied use of the mails.” Challenging the injunction from the mail, The Masses found brief success in having the ban overturned; however, after bringing public attention to the issue, the government officially identified the “treasonable material” in the 1917 August issue and, shortly after, issued charges against Max Eastman, Floyd Dell, John Reed, Josephine Bell, H.J. Glintenkamp, Art Young, and Merrill Rogers. Charged with seeking to “unlawfully and willfully…obstruct the recruiting and enlistment of the United States" military, Eastman and his "conspirators" faced fines up to 10,000 dollars and twenty years imprisonment.
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