Biography
Benjamin Mandel was the business manager of the Daily Worker, jailed in the 1927 obscenity prosecution over David Gordon's poem "America." Arrested May 27, 1927 and held in the Tombs, he had served seven days by his June 3, 1927 sentencing, when the court suspended his sentence, calling the time already served sufficient punishment; his conviction was later reversed by the Appellate Division. Mandel broke with the Communist Party in the 1930s and went on to become a research director for the House Un-American Activities Committee and the Senate Internal Security Subcommittee. (who used the party name "Bert Miller")
The June 17 comparison with Graphic editor Emile H. Gauvreau recalls that Dunne and Miller initially faced $500 bail and were held without bail after conviction. This is retrospective context for the existing poem prosecution; it supplies no rearrest of Miller after his separately recorded June 3 release. Source: https://www.marxists.org/history/usa/pubs/dailyworker/1927/1927-ny/v04-n132-NY-jun-17-1927-DW-LOC.pdf#page=2