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Donaldson v. Read Magazine, Inc., 333 U.S. 178 (1948)
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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.
Donaldson v. Read Magazine, Inc., 333 U.S. 178 (1948)
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Donaldson v. Read Magazine, Inc. No. 50 Argued October 24, 1947 Reargued January 5, 1948 Decided March 8, 1948 333 U.S. 178
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA
Syllabus
1. Where the Postmaster General has issued a fraud order under 39 U.S.C. §§ 259, 732, and later concludes that it is broader than necessary to protect the public, he has power to modify the order so as to make it less inclusive -- even though there be pending in this Court at the time a review of a judgment of a federal court of appeals affirming a judgment of a district court enjoining enforcement of the order. Pp. 183-185.
2. The evidence in this case was sufficient to support the finding of the Postmaster General that respondents’ advertisements of a so-called "puzzle contest" had been deliberately contrived to divert readers’ attention from material, but adroitly obscured facts, and that respondents were conducting a scheme to obtain money through the mails by means of false and fraudulent representations in violation of 39 U.S.C. §§ 259, 732. Pp. 185-189.
3. The fraud order statutes, 39 U.S.C. §§ 259, 732, as interpreted and applied by the Postmaster General in this case, are constitutional. Public Clearing House v. Coyne, 194 U.S. 497. Pp. 189-192.
81 U.S.App.D.C. 339, 158 F.2d 542, reversed.
The District Court enjoined enforcement of a fraud order issued by the Postmaster General under 39 U.S.C. §§ 259, 732. 63 F.Supp. 318. The Court of Appeals affirmed. 81 U.S.App.D.C. 339, 158 F.2d 542. This Court granted certiorari, 331 U.S. 798, and substituted Donaldson for Hannegan as petitioner. 332 U.S. 840. Reversed and remanded to the District Court, p. 192.
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Chicago: U.S. Supreme Court, "Syllabus," Donaldson v. Read Magazine, Inc., 333 U.S. 178 (1948) in 333 U.S. 178 333 U.S. 179. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=S31VPKSQW63AS5M.
MLA: U.S. Supreme Court. "Syllabus." Donaldson v. Read Magazine, Inc., 333 U.S. 178 (1948), in 333 U.S. 178, page 333 U.S. 179. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=S31VPKSQW63AS5M.
Harvard: U.S. Supreme Court, 'Syllabus' in Donaldson v. Read Magazine, Inc., 333 U.S. 178 (1948). cited in 1948, 333 U.S. 178, pp.333 U.S. 179. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=S31VPKSQW63AS5M.
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