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Lamont v. Postmaster General (1965)

District · Active active
Judge (CL)
Jennifer A. Dorsey
Filed (CL)
May 13, 2013
CL Status
Terminated

Legal Issues

privatization of United States Postal Serviceconstitutional power to establish post officesFirst Amendmentseparation of powers

The Facts

Congress passed the Postal Service and Federal Employees Salary Act, which allowed postal officials to detain 'communist political propaganda' originating abroad unless the recipient affirmatively requested delivery. Corliss Lamont challenged the law after being required to request his own mail.

The Issue

Whether Congress may require Americans to affirmatively request delivery of foreign political material detained by the Postal Service

The Rules

First Amendment — right to receive information and ideas

Congressional power over the mails

Chilling effect on protected speech

The Application

History

The postal detention scheme violated the First Amendment because it imposed an affirmative burden on recipients who wished to access foreign communist materials—requiring them to identify themselves to government officials before receiving lawfully transmissible content. By conditioning delivery on explicit request, the statute created a chilling effect on the exercise of First Amendment rights: citizens would face potential surveillance and identification simply for requesting disfavored political materials, even though the materials themselves were not banned. The deterrent was structural rather than substantive—the government was not prohibiting the speech, but making it costly to receive it, which the Court found incompatible with the First Amendment's protection of the right to be informed. The law thus fell because it prioritized postal convenience and ideological gatekeeping over citizens' constitutional right to access foreign political ideas.

The Conclusion

Unanimous Court struck down the statute. First federal law invalidated on First Amendment speech grounds. Justice Douglas wrote for the Court.

TMR-96dc4acc May 13, 2026
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