University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship 12-1-2018 The Esquire Case: A Lost Free Speech Landmark Samantha Barbas University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Communications Law Commons, and the First Amendment Commons Recommended Citation Samantha Barbas, The Esquire Case: A Lost Free Speech Landmark, 27 Wm. & Mary Bill Rts. J. 287 (2018). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/949 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. THE ESQUIRE CASE: A LOST FREE SPEECH LANDMARK Samantha Barbas* During the Second World War, one of the most highly publicized cases impli- cating speech and press freedoms did not involve political dissent. It did not involve opposition to the war, socialism, Communism, pacifism, anarchism, or any political matter whatsoever. Instead, it involved pin-up girls and a popular men’s magazine. The First Amendment cause célèbre of the first half of the 1940s was the Post Office Department’s seemingly arbitrary denial of second-class mailing privileges to Esquire magazine, on grounds that it did not “contribute to the