United States Ex Rel. Milwaukee Social Democratic Publishing Co. v. Burleson

Citations

• 255 U.S. 407
• 41 S. Ct. 352
• 65 L. Ed. 704
• 1921 U.S. LEXIS 1772

Syllabus

<p>1. The provision of the Espionage Law (Act of June 15, 1917, c. 30, Title XII, § 3, 40 Stat. 217) which denies the mails to newspapers and other publications violating its • prohibitions, was within the power of Congress. P. 409.</p> <p>2. The second-class mail privilege, previously granted for a newspaper, was revoked by the Postmaster General, upon due notice and- hearing, because, from the time'the United States entered the World War. to the time of the revocation, Jhe paper frequently and persistently printed articles conveying false reports and false statements with intent to promote the success of the enemies of the United States and constituting a wilful attempt to cause disloyalty and refusal of duty in the military and naval forces and to obstruct the recruiting and enlistment service. Held, that the procedure satisfied due process of law, p. 409; that the publication was clearly violative of § 3 of the Espionage Law, p. 413; that the order did not deprive the publisher of constitutional rights of free speech, or-free press, or of property without due process of law, and was amply justified by the evidence. Pp. 409, 415.</p> <p>3. The conclusion of-a head of an executive department upon a matter of fact within his jurisdiction will not be disturbed by the courts unless clearly wrong. P. 413.</p> <p>4. By long executive practice, admission to the second-class mail privilege is obtained for a publication only by a permit, issued by the Postmaster General, after a hearing and upon a showing satisfactory .to him or his authorized assistants, that it contains and will continue to contain only mailable matter and-, that it will meet the other requirements of the law. Pp. 410, 415.</p> <p>5. The power of the Postmaster General to revoke the privilege is an incident of the power to grant it, recognized by Congress (31 Stat. 1107) and by decisions of this court. Pp. 411, 415.</p> <p>6. When a newspaper which has been admitted to the second-class privilege publish