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Lamont v. Postmaster General, 381 U.S. 301 (1965)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lamont v. Postmaster General, 381 U.S. 301 (1965)
Lamont v. Postmaster General No. 491 Argued April 26, 1965 Decided May 24, 1965 * 381 U.S. 301
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
These cases challenge the constitutionality of § 305(a) of the Postal Service and Federal Employees Salary Act of 1962, which requires the Postmaster General to detain and deliver only upon the addressee’s request unsealed foreign mailings of "communist political propaganda." Under procedure effective March 15, 1965, the Post Office sends to the addressee a card which can be checked to have the mailing delivered. The card states that, if it is not returned within 20 days, it will be assumed that the addressee does not want that publication or any similar one in the future. When the addressee in these cases received the Post Office notices, they sued to enjoin enforcement of the statute.
Held: the Act, as construed and applied, is unconstitutional, since it imposes on the addressee an affirmative obligation which amounts to an unconstitutional limitation of his rights under the First Amendment. Pp. 305-307.
229 F.Supp. 913, reversed; 235 F.Supp. 405, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Lamont v. Postmaster General, 381 U.S. 301 (1965) in 381 U.S. 301 381 U.S. 302. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=M3AIX5B2N3JUNUY.
MLA: U.S. Supreme Court. "Syllabus." Lamont v. Postmaster General, 381 U.S. 301 (1965), in 381 U.S. 301, page 381 U.S. 302. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=M3AIX5B2N3JUNUY.
Harvard: U.S. Supreme Court, 'Syllabus' in Lamont v. Postmaster General, 381 U.S. 301 (1965). cited in 1965, 381 U.S. 301, pp.381 U.S. 302. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=M3AIX5B2N3JUNUY.
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