UNITED STATES POSTAL SERVICE v. HUSTLER MAGAZINE

Civ. A. No. 85-560.

630 F.Supp. 867 (1986)

UNITED STATES POSTAL SERVICE, Plaintiff, v. HUSTLER MAGAZINE, INC., LFP, Inc. Larry Flynt Publications, and Larry C. Flynt, Defendants.

United States District Court, District of Columbia.

March 11, 1986.


Attorney(s) appearing for the Case

R. Craig Lawrence, Asst. U.S. Atty., Washington, D.C., for plaintiff.

Mark Foster, Washington, D.C., for defendants.


MEMORANDUM OPINION

JOHN H. PRATT, District Judge.

This case presents the novel question of whether the statutory prohibition against mailing certain pandering advertisements, 39 U.S.C. § 3008, is constitutional where the "addressee" is a Member of Congress. Defendants wish to mail monthly issues of Hustler magazine to every United States Senator and Representative. Under 39 U.S.C. § 3008, an...

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