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statutedue processobjectionappellant

statuteappealappellant

Related Cases

Rowan v. U.S. Post Office Dept., 397 U.S. 728, 90 S.Ct. 1484, 25 L.Ed.2d 736

Facts

The appellants, who are involved in mail order businesses and mailing list brokerage, challenged the constitutionality of a statute that allows individuals to request the removal of their names from mailing lists for unsolicited advertisements they find objectionable. They argued that the statute infringes on their rights to free speech and due process, claiming it is vague and ambiguous. The District Court upheld the statute, interpreting it to prohibit only advertisements similar to those initially mailed, which the Supreme Court later clarified.

Appellants initiated an action in the United States District Court for the Central District of California upon a complaint and petition for declaratory relief on the ground that 39 U.S.C. s 4009 (1964 ed., Supp. IV) is unconstitutional.

Issue

Whether the statute allowing individuals to prohibit further mailings of unsolicited advertisements is unconstitutional under the First and Fifth Amendments.

The essence of appellants' argument is that the statute violates their constitutional right to communicate.

Rule

The statute provides that any householder may require a mailer to remove their name from mailing lists and stop all future mailings, with the Postmaster General mandated to issue prohibitory orders upon request.

Section 4009 is entitled ‘Prohibition of pandering advertisements in the mails.’ It provides a procedure whereby any householder may insulate himself from advertisements that offer for sale ‘matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative.’ 39 U.S.C. s 4009(a) (1964 ed., Supp. IV).

Analysis

The Supreme Court analyzed the statute's provisions and legislative history, concluding that Congress intended to allow individuals complete discretion over what mail they receive. The court found that the statute does not impose censorship but rather empowers individuals to control unwanted communications, thus balancing the rights of free speech with the right to privacy in one's home.

The legislative history of subsection (a) thus supports an interpretation that prohibits all future mailings independent of any objective test.

Conclusion

The Supreme Court affirmed the lower court's ruling, holding that the statute is constitutional and does not violate the First or Fifth Amendments.

For the reasons stated, the judgment appealed from is affirmed.

Who won?

The Postmaster General and the government prevailed in the case, as the Supreme Court upheld the constitutionality of the statute, affirming the right of individuals to control unsolicited mail.

The Court has traditionally respected the right of a householder to bar, by order or notice, solicitors, hawkers, and peddlers from his property.

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Sterling v. Taylor, 40 Cal.4th 757, 152 P.3d 420, 55 Cal.Rptr.3d 116, 07 Cal. Daily Op. Serv. 2227

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