Tommy Hiett v. United States

THORNBERRY, Circuit Judge:

This is an appeal from a judgment of conviction under 18 U.S.C. § 1714 (1964), which prohibits the use of the United States mails to distribute written material “giving or offering to give information concerning where or how or through whom a divorce may be secured in a foreign country, and designed to solicit business in connection with the procurement thereof.” Appellant contends that this statute is unconstitutional in that it violates the first amendment. We agree and reverse his conviction.

The case was tried without a jury on stipulated facts. Appellant admitted…