Legal Opinion
United States Postal Service v. Athena Products, Ltd.
Court of Appeals for the Fifth Circuit
Decided August 27, 1981No. 81-7303PublishedCited by 13 opinions
1Opinion of the Court
VANCE, Circuit Judge:
This case involves a challenge to the statutory scheme authorizing the United States Postal Service to prevent the obtaining of money through the mail by means of false representations. Appellant contends that the statutory provisions restrain advertising in a manner inconsistent with the protection afforded by the first amendment to commercial speech.
The congressional scheme is embodied in 39 U.S.C. § 3005 and 39 U.S.C. § 3007. Under section 3005 1 the Postal Service may institute administrative proceedings to determine whether money is being obtained through the mails…
2Cases cited24 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- Freedman v. MarylandSupreme Court of the United States · 1965
- Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- George Basiardanes v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1982
- Jackie Kleiner v. The First National Bank of Atlanta, Hansell & Post, Richard Kirby and Richard M. Langway, George W. Morosani v. The First National Bank of Atlanta, Hansell & Post, Richard Kirby and Richard M. LangwayCourt of Appeals for the First Circuit · 1985
- Kleiner v. First National BankCourt of Appeals for the Eleventh Circuit · 1985
- State Ex Rel. McGraw v. Imperial MarketingWest Virginia Supreme Court · 1996
- Hampton Hardware, Inc. v. Cotter & Co.District Court, N.D. Texas · 1994
8 more not listed; retrieve them via the Exa API.