Legal Opinion

Paton v. La Prade

District Court, D. New Jersey

Decided November 29, 1978No. Civ. A. 73-1091PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WHIPPLE, District Judge.

This matter is before the court on plaintiff’s motion for partial summary judgment on the constitutionality of the mail cover pursuant to Fed.R.Civ.P. 56. The issue has been well briefed by both sides and having had the benefit of oral argument, I am prepared to make the following ruling.

Postal Regulation 861.4, 39 C.F.R. § 233.2, authorizing mail covers 1 to “protect the national security” is unconstitutionally vague and overbroad.

I. FACTUAL BACKGROUND

In February 1973 plaintiff Lori Patón was enrolled in a social studies course, “Left to Right” at her local…

2Cases cited41 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Elrod v. BurnsSupreme Court of the United States · 1976
  5. Griswold v. ConnecticutSupreme Court of the United States · 1965

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3Cited by10 opinions

  1. Bell v. Township of StaffordSupreme Court of New Jersey · 1988
  2. Socialist Workers Party v. Attorney General of United StatesDistrict Court, S.D. New York · 1986
  3. Stolinski v. PennypackerDistrict Court, D. New Jersey · 2011
  4. Jabara v. KelleyDistrict Court, E.D. Michigan · 1979
  5. G. & T. Terminal Packaging Co. v. Consolidated Rail Corp.District Court, D. New Jersey · 1986

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