3 ms·
There is no lying, though: the law (39 U.S.C. § 3008) leaves the decision about whether mail is a “pandering advertisement” to “the addressee in his sole discr
by wsh 4y ago
There is no lying, though: the law (39 U.S.C. § 3008) leaves the decision about whether mail is a “pandering advertisement” to “the addressee in his sole discretion,” which avoids the First Amendment problems that might arise if the decision were reviewable by a government official, who would then be acting as a censor. It’s been upheld by the Supreme Court; see Rowan v. United States Post Office Department, 397 U.S. 728 (1970), in which the Court held:
Both the absoluteness of the citizen’s right under
§4009* and its finality are essential; what may not be
provocative to one person may well be to another. In
operative effect the power of the householder under the
statute is unlimited; he may prohibit the mailing
of a dry goods catalog because he objects to the
contents—or indeed the text of the language touting the
merchandise. Congress provided this sweeping power
not only to protect privacy but to avoid possible
constitutional questions that might arise from vesting
the power to make any discretionary evaluation of the
material in a governmental official.
* Later renumbered to § 3008.