Bolger v. Youngs Drug Products Corp.

463 U.S. 60 (1983)

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Nature of the Case

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Facts

Youngs Drug Products Corp. (P) manufactures, sells, and distributes contraceptives. It markets to chain warehouses and wholesale distributors, who in turn sell contraceptives to retail pharmacists, who then sell those products to individual customers. P decided to undertake a campaign of unsolicited mass mailings to members of the public. The Postal Service warned that the mailing violated 39 U.S.C. § 3001(e)(2). P contacted the Service and stated its view that the statute could not constitutionally restrict the mailings. The Service rejected that proposition and P then brought this action for declaratory and injunctive relief. The court found all three types of materials to be commercial solicitations. The court concluded that the statutory prohibition was more extensive than necessary to the interests asserted by the Government, and it, therefore, held that the statute's absolute ban on the three types of mailings violated the First Amendment.