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THE ENTERPRISE, INC. v. U.S.

No. 86-3919.

833 F.2d 1216 (1987)

THE ENTERPRISE, INC., Petitioner, v. The UNITED STATES of America, United States Postal Service, Respondents, Association of Business Publishers; the Magazine Publishers Association; the American Newspaper Publishers Association; and National Newspaper Association, Intervenors-Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Buddy D. Perry, argued, Winchester, Tenn., David A. Marlowe, for petitioner.

Frances G. Beck, Assoc. Gen. Counsel, Office of Rate & Classification Law, Washington, D.C., Stanley F. Mires, Assoc. Gen. Counsel, Rate Application Div., Washington, D.C., Robert V. Zener, argued, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for respondents.

Stephen M. Feldman, Wyatt & Saltzstein, Publishers, Washington, D.C., Robert A. Saltzstein, for Assoc. of Business Publishers.

David Minton, Washington, D.C., for Magazine Pub. Assoc.

Robert J. Brinkman, Gen. Counsel, Washington, D.C., for National Newspaper Assoc.

W. Terry Maguire, Tonda F. Rush, Washington, D.C., for American Newspapers Publishers Assoc.

Before GUY and BOGGS, Circuit Judges; and SUHRHEINRICH, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

This appeal presents the question of whether the United States Postal Service's (USPS) "paid-subscriber rule," compliance with which allows a publisher to qualify for more favorable second-class mailing rates, violates the first and fifth amendments to the Constitution. Because we agree with the conclusion of the Postal Service's Board of Governors that it does not, its decision will be affirmed.

I. Procedural History

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