Rowan v. United States Post Office Department

397 U.S. 728 (1970)

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Nature of the Case

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Facts

Under Title III of the Postal Revenue and Federal Salary Act a person may require that a mailer remove his name from its mailing lists and stop all future mailings to the householder. Under the Act, any householder may insulate himself from advertisements that offer for sale 'matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative.' Once the removal request was received by the Postmaster General, Ds would be required to delete the name of the designated addressee from all mailing lists owned or controlled by the sender and the sender would be prohibited from the sale, rental, exchange, or other transactions involving mailing lists bearing the name of the designated addressee. Ps are publishers, distributors, owners, and operators of mail-order houses, mailing list brokers, and owners and operators of mail service organizations whose business activities are affected by the challenged statute. Ps sought declaratory relief that the act is unconstitutional. Ps claim it violates their rights of free speech and due process guaranteed by the First and Fifth Amendments and that the Act is vague, without standards, and is ambiguous. The court determined that the Act was constitutional. Ps appealed.