Smith v. Hitchcock
Supreme Court of the United States
APPEALS FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve the validity of orders of the Postmaster-General excluding appellants’ publications from-second-class mail privileges, are stated in the opinion. The order excluding appellants’ publication from the second class was not grounded on any provision of the statute, but upon superadded limitations not found therein. It is therefore void.
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APPEALS FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve the validity of orders of the Postmaster-General excluding appellants’ publications from-second-class mail privileges, are stated in the opinion. The order excluding appellants’ publication from the second class was not grounded on any provision of the statute, but upon superadded limitations not found therein. It is therefore void. The exclusion of appellants’ publications, whereby they are indirectly destroyed, cannot be justified upon the pretext of a personal literary and moral censorship unknown to…
1Opinion of the CourtJustice Holmes
These are bills to restrain the Postmaster-General from revoking orders according second-class mail privileges to the several plaintiffs — in the first named case in respect of a series of publications issued under the name of the Tip Top Weekly, in the second in respect of a similar one entitled Work and Win. The ground of the bills is that the privileges were annulled without granting the hearing required by the act of March 3, 1901, c. 851, 31 Stat. 1099, 1107, and that the publications are periodical publications within the meaning of the act of March 3, 1879, c. 180, §§ 7,10,14; 20 Stat.…
2Cases cited5 opinions
- AMERICAN SCHOOL OF MAGNETIC HEALING v. McANNULTYSupreme Court of the United States · 1902
- Public Clearing House v. CoyneSupreme Court of the United States · 1904
- Bates & Guild Co. v. PayneSupreme Court of the United States · 1904
- Houghton v. PayneSupreme Court of the United States · 1904
- Smith v. PayneSupreme Court of the United States · 1904
3Cited by38 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- Hannegan v. Esquire, Inc.Supreme Court of the United States · 1946
- United States Ex Rel. Milwaukee Social Democratic Publishing Co. v. BurlesonSupreme Court of the United States · 1921
- Commonwealth v. Zone Book, Inc.Massachusetts Supreme Judicial Court · 1977
- Sun Pub. Co. v. WallingCourt of Appeals for the Sixth Circuit · 1944
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