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LAMONT v. POSTMASTER GENERAL

No. 491.

381 U.S. 301 (1965)

LAMONT, DBA BASIC PAMPHLETS v. POSTMASTER GENERAL.

Supreme Court of United States.

Decided May 24, 1965.

Attorney(s) appearing for the Case

Leonard B. Boudin argued the cause for appellant in No. 491. With him on the briefs were Victor Rabinowitz, Norman Dorsen and Henry Winestine.

Solicitor General Cox argued the cause for appellee in No. 491 and appellants in No. 848. With him on the brief were Assistant Attorney General Yeagley, Nathan Lewin, Kevin T. Maroney and Lee B. Anderson.

Marshall W. Krause argued the cause for appellee in No. 848. With him on the brief was Lawrence Speiser.

Nanette Dembitz and Melvin L. Wulf filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal in No. 491 and affirmance in No. 848.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These appeals present the same question: is § 305 (a) of the Postal Service and Federal Employees Salary Act of 1962, 76 Stat. 840, constitutional as construed and applied? The statute provides in part:

"Mail matter, except sealed letters, which originates or which is printed or otherwise prepared in a foreign country and which is determined by the Secretary...

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