Legal Opinion

Bolger v. Youngs Drug Products Corp.

Supreme Court of the United States

Decided June 24, 1983No. 81-1590PublishedCited by 888 opinions

1Opinion of the CourtJustice Marshall

Title 39 U. S. C. § 3001(e)(2) prohibits the mailing of unsolicited advertisements for contraceptives. The District Court held that, as applied to appellee’s mailings, the statute violates the First Amendment. We affirm.

Section 3001(e)(2) states that “[a]ny unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs . . . ,”1 As interpreted by Postal *62Service regulations,2 the statutory provision does not apply to unsolicited…

2Cases cited48 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Griswold v. ConnecticutSupreme Court of the United States · 1965
  4. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  5. Miller v. CaliforniaSupreme Court of the United States · 1973

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3Cited by888 opinions

  1. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  2. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  3. Texas v. JohnsonSupreme Court of the United States · 1989
  4. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  5. Frisby v. SchultzSupreme Court of the United States · 1988

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