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1
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SYLLABUS
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EXTRACTED KEY WORDS
DISTRICT ADDRESSEE APPELLEE STATES DISTRICT COURT AFFIRMANCE LAMONT ACT MAILINGS POST OFFICE CARD SUPP NBSP BRIEFS VICTOR RABINOWITZ HENRY WINESTINE SOLICITOR GENERAL COX ATTORNEY GENERAL YEAGLEY NATHAN LEWIN KEVIN MARONEY LEE ANDERSON MARSHALL LAWRENCE SPEISER NANETTE DEMBITZ MELVIN AMERICAN CIVIL LIBERTIES CIVIL LIBERTIES UNION AMICUS CURIAE |
U United States Supreme Court LAMONT v. POSTMASTER GENERAL, 381 U.S. 301 (1965) LAMONT, DBA BASIC PAMPHLETS v. POSTMASTER GENERAL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. No. 491. Argued April 26, 1965. Decided May 24, 1965. Together with No. 848, Fixa, Postmaster, San Francisco, et al. v. Heilberg, on appeal from the United States District Court for the Northern District of California. These cases challenge the constitutionality of 305 (a) of the Postal Service and Federal Employees Salary Act of 1962, which requires the Postmaster General to detain and deliver only upon the addressee's request unsealed foreign mailings of "communist political propaganda." Under procedure effective March 15, 1965, the Post Office sends to the addressee a card which can be checked to have the mailing delivered. The card states that if it is not returned within 20 days, it will be assumed that the addressee does not want that publication or any similar one in the future. When the addressees in these cases received the Post Office notices they sued to enjoin enforcement of the statute. Held: The Act as construed and applied is unconstitutional since it imposes on the addressee an affirmative obligation which amounts to an unconstitutional limitation of his rights under the First Amendment. Pp. 305-307. 229 F. Supp. 913, reversed; 236 F. Supp. 405, affirmed. Leonard B. Boudin argued the cause for appellant in No. 491. With him on the briefs were Victor Rabinowitz, Norman Dorsen and Henry Winestine. Solicitor General Cox argued the cause for appellee in No. 491 and appellants in No. 848. With him on the brief were Assistant Attorney GeneralSNIPPETS: |
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2
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OPINION
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EXTRACTED KEY WORDS
ADDRESSEE FIRST AMENDMENT UNITED STATES STATUTE PUBLICATIONS DELIVERY CONSTITUTIONALITY NBSP COURT LAMONT FOREIGN POST OFFICE FIRST AMENDMENT RIGHTS DISTRICT COURT REQUEST PROPAGANDA ACT DESIRE CARD JUSTICE REGULATION APPEALS CONSTRUCTION FOREIGN COUNTRY PURSUANT OFFICIALS COMPLAINT EXERCISE IMPOSE |
United States Supreme Court United States Supreme Court LAMONT v. POSTMASTER GENERAL, 381 U.S. 301 (1965) LAMONT, DBA BASIC PAMPHLETS v. POSTMASTER GENERAL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. No. 491. Argued April 26, 1965. Decided May 24, 1965. MR. JUSTICE DOUGLAS delivered the opinion of the Court. These appeals present the same question: is 305 (a) of the Postal Service and Federal Employees Salary Act of 1962, 76 Stat. 840, constitutional as construed and applied? The statute provides in part: "Mail matter, except sealed letters, which originates or which is printed or otherwise prepared in a foreign country and which is determined by the Secretary of the Treasury pursuant to rules and regulations to be promulgated by him to be `communist political propaganda,' shall be detained by the Postmaster General upon its arrival for delivery in the United States, or upon its subsequent deposit in the United States domestic mails, and the addressee shall be notified that such matter has been received and will be delivered only upon the addressee's request, except that such detention shall not be required in the case of any matter which is furnished pursuant to subscription or which is otherwise ascertained by the Postmaster General to be desired by the addressee." 39 U.S.C. 4008 (a). The statute defines "communist political propaganda" as political propaganda (as that term is defined in 1 (j) of the Foreign Agents Registration Act of 1938 1 ) which is [381 U.S. 301, 303] issued by or on behalf of any country with respect to which there is in effect a suspension or withdrawal of tariff concessions or from which foreign assistance is withheld pursuant to certain specified statutes. 39 U.S.C. 4008 (b). The statute contains an exemption from its provisions for mail addressed toSNIPPETS: |
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