bolger youngs drug products argued january decided june title prohibits mailing unsolicited advertisements contraceptives appellee manufacturer contraceptives proposed mail public unsolicited advertisements including informational pamphlets promoting products also discussing venereal disease family planning postal service notified appellee proposed mailings violate appellee brought action declaratory injunctive relief federal district held statute applied proposed mailings violated first amendment held applied appellee proposed mailings unconstitutional pp mailings concededly advertisements refer specific products economically motivated constitute commercial speech notwithstanding fact contain discussions important public issues prevention venereal disease family planning pp advertising contraceptives implicates substantial individual societal interests free flow commercial information also relates activity protected unwarranted governmental interference thus appellee proposed commercial speech clearly protected first amendment neither interests asserted appellants shields recipients mail materials likely find offensive aids parents efforts control manner children become informed birth control sufficient justify sweeping prohibition mailing unsolicited contraceptive advertisements fact protected speech may offensive persons justify suppression event recipients objectionable mailings avoid offensiveness simply averting eyes disposing mailings trash second asserted interest substantial means effectuating interest fails withstand scrutiny statute marginal degree protection afforded parents desire keep children confronting mailings improperly achieved purging mailboxes unsolicited material entirely suitable adults section also defective denies parents truthful information bearing ability discuss birth control make informed decisions area pp marshall delivered opinion burger white blackmun powell joined rehnquist filed opinion concurring judgment joined post stevens filed opinion concurring judgment post brennan took part decision case david strauss argued cause appellants briefs solicitor general lee deputy solicitor general geller jerold solovy argued cause appellee brief robert graham laura kaster robert joffe eve paul dara klassel filed brief planned parenthood federation america et al amici curiae urging affirmance michael burack charles sims janet benshoof filed brief american civil liberties union amicus curiae justice marshall delivered opinion title prohibits mailing unsolicited advertisements contraceptives district held applied appellee mailings statute violates first amendment affirm section ny unsolicited advertisement matter designed adapted intended preventing conception nonmailable matter shall carried delivered mail shall disposed postal service directs interpreted postal service regulations statutory provision apply unsolicited advertisements mailer commercial interest addition civil consequences violation makes crime knowingly use mails anything declared nonmailable appellee youngs drug products youngs engaged manufacture sale distribution contraceptives youngs markets products primarily sales chain warehouses wholesale distributors turn sell contraceptives retail pharmacists sell products individual customers appellee publicizes availability desirability products various methods litigation resulted youngs decision undertake campaign unsolicited mass mailings members public conjunction wholesalers retailers youngs seeks mail public unsolicited basis three types materials flyers promoting large variety products available drugstore including prophylactics flyers exclusively substantially devoted promoting prophylactics informational pamphlets discussing desirability availability prophylactics general youngs products particular district determined plain language prohibited three types proposed mailings addressed constitutionality statute applied mailings finding three types materials commercial solicitations considered constitutionality statute within framework established analyzing restrictions imposed commercial speech concluded statutory prohibition extensive necessary interests asserted government therefore held statute absolute ban three types mailings violated first amendment supp appellants brought direct appeal pursuant see darusmont noted probable jurisdiction ii beginning bigelow virginia extended protection first amendment commercial speech nonetheless decisions recognized distinction speech proposing commercial transaction occurs area traditionally subject government regulation varieties speech ohralik ohio state bar thus held constitution accords less protection commercial speech constitutionally safeguarded forms expression central hudson gas electric public service new york virginia pharmacy board virginia citizens consumer council example general matter first amendment means government power restrict expression message ideas subject matter content police department chicago mosley respect noncommercial speech sustained restrictions extraordinary circumstances see consolidated edison public service new york stone restrictions speech content peculiar case restrictions chi rev contrast regulation commercial speech based content less problematic light greater potential deception confusion context certain advertising messages see restrictions commercial speech may permissible see friedman rogers upholding prohibition use trade names optometrists degree protection afforded first amendment depends whether activity sought regulated constitutes commercial noncommercial speech must first determine proper classification mailings issue appellee contends proposed mailings constitute fully protected speech amounts impermissible restriction expression appellants argue district held proposed mailings commercial speech application appellee proposed mailings must examined carefully ensure speech deserving greater constitutional protection inadvertently suppressed appellee mailings fall within core notion commercial speech speech propose commercial transaction virginia pharmacy board virginia citizens consumer council supra quoting pittsburgh press human relations youngs informational pamphlets however characterized merely proposals engage commercial transactions proper classification commercial noncommercial speech thus presents closer question mere fact pamphlets conceded advertisements clearly compel conclusion commercial speech see new york times sullivan similarly reference specific product render pamphlets commercial speech see associated students univ cal riverside attorney general supp cd cal finally fact youngs economic motivation mailing pamphlets clearly insufficient turn materials commercial speech see bigelow virginia ginzburg thornhill alabama combination characteristics however provides strong support district conclusion informational pamphlets properly characterized commercial speech mailings constitute commercial speech notwithstanding fact contain discussions important public issues venereal disease family planning made clear advertising links product current public debate thereby entitled constitutional protection afforded noncommercial speech central hudson gas electric public service new york company full panoply protections available direct comments public issues reason providing similar constitutional protection statements made context commercial transactions see ibid advertisers permitted immunize false misleading product information government regulation simply including references public issues cf metromedia san diego brennan concurring judgment conclude therefore mailings case entitled qualified nonetheless substantial protection accorded commercial speech iii protection available particular commercial expression turns nature expression governmental interests served regulation central hudson gas electric public service new york central hudson adopted analysis assessing validity restrictions commercial speech first determine whether expression constitutionally protected commercial speech receive protection least must concern lawful activity misleading second ask whether governmental interest substantial must determine whether regulation directly advances government interest asserted whether extensive necessary serve interest ibid applying analysis conclude unconstitutional applied appellee mailings must next determine whether government interest prohibiting mailing unsolicited contraceptive advertisements substantial one prohibition originated part comstock act criminal statute designed suppression trade circulation obscene literature articles immoral use act mar ch stat appellants purport rely justifications statute offered century instead advance interests concededly asserted prohibition enacted law reliance permissible since insufficiency original motivation diminish interests restriction may serve see ohralik ohio state bar cf doe bolton state may readjust views emphases light modern knowledge particular appellants assert statute shields recipients mail materials likely find offensive aids parents efforts control manner children become informed sensitive important subjects birth control first interests carries little weight striking state prohibition contraceptive advertisements carey population services international supra stated offensiveness classically justificatio validating suppression expression protected first amendment least obscenity involved consistently held fact protected speech may offensive justify suppression specifically declined recognize distinction commercial noncommercial speech render interest sufficient justification prohibition commercial speech recognizing reliance interest problematic appellants attempt avoid clear import carey emphasizing aimed mailing materials home course recognized important interest allowing addressees give notice mailer wish mailings sole discretion believe erotically arousing sexually provocative see rowan post office department upholding constitutionality never held government shut flow mailings protect recipients might potentially offended first amendment permit government prohibit speech intrusive unless captive audience avoid objectionable speech consolidated edison public service new york recipients objectionable mailings however may effectively avoid bombardment sensibilities simply averting eyes quoting cohen california consequently short though regular journey mail box trash acceptable burden least far constitution concerned lamont commissioner motor vehicles supp sdny summarily aff cert denied second interest asserted appellants aiding parents efforts discuss birth control children undoubtedly substantial arents important guiding role play upbringing children presumptively includes counseling important decisions matheson quoting bellotti baird means effectuating interest however fails withstand scrutiny begin provides limited incremental support interest asserted reasonably assume parents already exercise substantial control disposition mail enters mailboxes parents also exercise control information flows mailboxes parents must already cope multitude external stimuli color children perception sensitive subjects circumstances ban unsolicited advertisements serves assist parents desire keep children confronting mailings otherwise unable whose children remained relatively free stimuli marginal degree protection achieved purging mailboxes unsolicited material entirely suitable adults previously made clear restriction scope extensive constitution permits government may reduce adult population reading fit children butler michigan level discourse reaching mailbox simply limited suitable sandbox fcc pacifica foundation recognize government interest protecting young justified special treatment afternoon broadcast heard adults well children time majority emphasize narrowness holding explaining broadcasting uniquely pervasive uniquely accessible children even young read emphasis added receipt mail far less intrusive uncontrollable decisions recognized special interest federal government regulation broadcast media readily translate justification regulation means communication see consolidated edison public service new york supra fcc pacifica foundation supra broadcasting received limited first amendment protection section also defective denies parents truthful information bearing ability discuss birth control make informed decisions area see associated students univ cal riverside attorney general cf carey population services international powell concurring part concurring judgment provision prohibiting parents distributing contraceptives children constitutes direct interference parental guidance proscribed information may bear one important decisions parents right make restriction free flow truthful information constitutes basic constitutional defect regardless strength government interest linmark associates willingboro iv thus conclude justifications offered appellants insufficient warrant sweeping prohibition mailing unsolicited contraceptive advertisements applied appellee mailings unconstitutional judgment district therefore affirmed footnotes domestic mail manual july manual issued pursuant postal service power adopt regulations incorporated reference cfr pt postal service interpretation resulted decision associated students univ cal riverside attorney general supp cd cal held prohibition mailing advertisements constitutionally expanded beyond commercial sense term offense punishable fine imprisonment years first offense fine imprisonment years subsequent offense district youngs offered two examples informational pamphlets see record complaint group exhibit first entitled condoms human sexuality pamphlet describing use manufacture desirability availability condoms providing detailed descriptions various condoms manufactured youngs second entitled plain talk venereal disease pamphlet discussing length problem venereal disease use advantages condoms aiding prevention venereal disease identification youngs products bottom last page pamphlet pamphlet contributed public service youngs distributor prophylactics district ordered drugstore flyers containing promotion contraceptives mailed extent flyers mailed contain promotion respect flyers pamphlets devoted promoting desirability availability contraceptives order materials mailable four conditions first must mailed envelope completely obscures sight addressee contents second envelope must contain prominent notice stating capital letters enclosed material solicited way recipient third envelope must contain prominent warning contents promotional material contraceptive products fourth envelope must contain notice less prominent lettering warning notice fine print federal law permits recipient name removed mailing list mailer envelope citing supp time purely commercial advertising received first amendment protection see valentine chrestensen decisions displayed greater willingness permit restrictions expression issue fell within certain special limited categories see gertz robert welch libel miller california obscenity chaplinsky new hampshire fighting words brief appellee see see brief appellants reply brief appellants suggest prohibition comparable section applied fully protected noncommercial speech cf ohralik ohio state bar extent appellee mailings considered noncommercial speech conclusion unconstitutional applied reinforced example drugstore flyer consists primarily price quantity information one informational pamphlets condoms human sexuality specifically refers number condoms manufactured appellee describes advantages type informational pamphlet plain talk venereal disease repeatedly discusses condoms without specific reference manufactured appellee reference appellee products contained bottom last page appellee identified distributor prophylactics product referred generically however remove realm commercial speech example company sufficient control market product may able promote product without reference brand names trade association may make statements product without reference specific brand names see national egg nutrition ftc enforcing part federal trade commission order prohibiting false misleading advertising egg industry trade association concerning relationship cholesterol eggs heart disease case youngs describes leader manufacture sale contraceptives brief appellee see note first amendment protection commercial advertising new constitutional doctrine chi rev course different conclusion may appropriate case pamphlet advertises activity protected first amendment see murdock pennsylvania advertisement religious book regulated commercial speech jamison texas case raises issues mean suggest characteristics present case must necessarily present order speech commercial example express opinion whether reference particular product service necessary element commercial speech see subcommittee administrative practice procedure senate committee judiciary sourcebook corporate image corporate advocacy advertising comm print ftc memorandum concerning corporate image advertising cf time hill quoting thornhill alabama defining public issues information needed appropriate enable members society cope exigencies period see consolidated edison public service new york see also eisenstadt baird griswold connecticut appellants argue interfere significantly free speech statute applies unsolicited mailings bar channels communication see brief appellants however previously declared one exercise liberty expression appropriate places abridged plea may exercised place schneider state see virginia pharmacy board virginia citizens consumer council restriction use mails insignificant one see blount rizzi quoting milwaukee social democratic publishing burleson holmes dissenting may give post office sees fit carries use mails almost much part free speech right use tongues argument individuals still request sent appellee mailings brief appellants little bolster appellants position see lamont postmaster general government imposition affirmative obligations addressee receive mail constitutes abridgment addressee first amendment rights course availability alternative means communication relevant analysis time place manner restrictions see consolidated edison public service new york supra linmark associates willingboro appellants however attempt justify time place manner restriction characterization tenable light prohibition see consolidated edison public service new york supra linmark associates willingboro supra erznoznik city jacksonville driving force behind anthony comstock diary referred act law see paul post office obscenity historical note ucla rev comstock prominent antivice crusader believed anything remotely touching upon sex obscene broun leech anthony comstock see poe ullman douglas dissenting original prohibition recodified reenacted number occasions thrust remained prevent mails used corrupt public morals congress amended law striking blanket prohibitions mailing advertisements contraceptives retained without real discussion ban unsolicited advertisements see party seeking uphold restriction commercial speech carries burden justifying see central hudson gas electric public service new york linmark associates willingboro supra see brief appellants congress announce interests legislative history enacted section see see naacp claiborne hardware organization better austin keefe cohen california brief appellants title prohibition pandering advertisements permits householder insulate advertisements offer sale matter addressee sole discretion believes erotically arousing sexually provocative addressee rights absolute unlimited may prohibit mailing dry goods catalog objects contents indeed text language touting merchandise rowan example many magazines contain advertisements contraceptives see redford duncan prager condom increasing utilization ads accepted family health psychology today ladies home journal section permits mailing publications containing contraceptive advertisements subscribers similarly drugstores commonly display contraceptives minors taking course sex education undoubtedly exposed subject contraception butler declared unconstitutional michigan statute banned reading materials inappropriate children legislation deemed reasonably restricted evil sought address rather effect statute burn house roast pig see new york ferber see red lion broadcasting fcc statute also quite clearly denies information minors entitled significant measure first amendment protection erznoznik city jacksonville see tinker des moines school right privacy matters affecting procreation also applies minors planned parenthood central missouri danforth state ban distribution contraceptives minors see carey population services international plurality opinion need rely considerations case impact statute flow information parents yet go without notice adolescent children apparently pressing need information contraception available data indicate females aged approximately five million people sexually active dryfoos contraceptive use pregnancy intentions pregnancy outcomes among women family planning perspectives approximately sexually active teenage females became pregnant pregnancies roughly million unintended almost half million teenagers abortions ibid justice rehnquist justice joins concurring judgment agree judgment affirmed reasoning differs right use mails undoubtedly protected first amendment blount rizzi home mailbox features distinguish public hall public park may assumed present wish hear views particular speaker rostrum totally assimilated purposes analysis traditional public forums several people within family living group may free access mailbox including minor children obviously every piece mail received either expressly impliedly solicited unsolicited mass mailings sent appellee designed promote use condoms gives rise litigation earlier cases developed analytic framework commercial speech cases outset must determine whether expression protected first amendment commercial speech come within provision least must concern lawful activity misleading next ask whether asserted governmental interest substantial inquiries yield positive answers must determine whether regulation directly advances governmental interest asserted whether extensive necessary serve interest central hudson gas electric public service new york postal service contend government substantial interests aiding parents efforts discuss sensitive important subjects birth control children brief appellants preventing material recipient may find offensive entering home unsolicited basis government entitled argument goes help individuals shield families homes advertisements contraceptives first interests undoubtedly substantial contraception important sensitive subject parents may well prefer provide children information contraception way arents important guiding role play upbringing children presumptively includes counseling important decisions matheson quoting bellotti baird reason among others constitutional interpretation consistently recognized parents claim authority household direct rearing children basic structure society legislature properly conclude parents primary responsibility children well entitled support laws designed aid discharge responsibility ginsberg new york second interest advanced postal service also substantial often recognized individuals legitimate right left alone privacy home fcc pacifica foundation one place people ordinarily right assaulted uninvited offensive sights sounds opinion powell accord rowan post office government may properly act protect people unreasonable intrusions homes questions whether directly advances interests whether extensive necessary problematic individual name removed youngs mailing list wishes see rowan post office supra holding constitutional thus individuals able avoid information youngs advertisements one exposure furthermore noted consolidated edison public service new york recipient youngs advertising may escape exposure objectionable material simply transferring envelope wastebasket therefore mailed advertisement significantly less intrusive daytime broadcast issue pacifica sound truck issue kovacs cooper see consolidated edison recipients effectively avoid bombardment sensibilities simply averting eyes quoting cohen california substantial governmental interest necessary justify restrictions speech although advance interest permitting parents guide children education concerning contraception also inhibits interest denying parents access information birth control might help make informed decisions statute acts prevent people obtaining certain information linmark associates willingboro first amendment designed prevent government suppressing information requires us assume information harmful people perceive best interests well enough informed best means end open channels communication rather close virginia pharmacy board virginia citizens consumer council section also broader necessary completely bans mail unsolicited materials suitable adults government may reduce adult population reading fit children butler michigan narrower restrictions provisions restrictions kind suggested district case fully serve government interests postal service argues youngs obtain permission send advertisements conducting premailing youngs send letters general public asking whether willing receive information contraceptives send advertisements respond similar vein postal service argues youngs communicate public otherwise mail arguments fall wide mark prohibition use mails significant restriction first amendment rights noted may give post office sees fit carries use mails almost much part free speech right use tongues blount rizzi quoting milwaukee social democratic publishing burleson holmes dissenting first amendment freedoms little value speakers obtain permission audiences advancing particular viewpoints cf lamont postmaster general statute requiring post office obtain authorization addressee delivering certain types mail violates addressee first amendment rights thus cases intrusion generated youngs proposed advertising relatively small restriction imposed relatively large although restriction directly advances weighty governmental interests somewhat extensive necessary serve interests balance conclude restriction youngs commercial speech adequately justified section therefore violates first amendment applied youngs material type youngs indicated plans send agree judgment district affirmed postal service acknowledges justifications reasons originally enacted provision began part comstock act statute enacted suppression trade circulation obscene literature articles immoral use act mar ch stat postal service entitled rely legitimate interests statute serves even original reasons enacting statute suffice support first amendment challenge ohralik ohio state bar see also doe bolton state may readjust views emphases light modern knowledge restrictions imposed district see ante recipient explicitly informed right also know nature youngs mailing without opening envelope thus able avoid advertisement entirely transferring directly mailbox wastebasket youngs file challenging restrictions see occasion consider whether district acted properly consider whether restrictions valid congress enact see generally washington post may drugstore advertisement numerous items including condoms manufactured youngs contraceptive jelly since finds invalid cases involving commercial speech reach youngs argument materials entitled broader protection afforded noncommercial speech justice stevens concurring judgment two aspects opinion merit comment conclusion communications issue properly classified commercial speech ante virtually complete rejection offensiveness possibly legitimate justification suppression speech ante views somewhat different matters even may intend opinion creates impression commercial speech fairly definite category communication protected fairly definite set rules differ protecting categories speech impression may wholly warranted moreover previously suggested must wary unnecessary insistence rigid classifications lest speech entitled constitutional protection inadvertently suppressed central hudson gas electric public service new york stevens concurring judgment agree course commercial aspects message may provide justification regulation present communication commercial character interest protecting consumers commercial harm justifies requirement advertising truthful interest applies fairy tales soap operas advertisements may complex mixtures commercial noncommercial elements noncommercial message obviate need appropriate commercial regulation see ante conversely commercial element necessarily provide valid basis noncommercial censorship appellee pamphlet entitled plain talk venereal disease highlights classification problem one hand pamphlet includes statements implicitly extol quality appellee products law protects public suffering commercial harm result statements appropriately evaluated regulation commercial speech hand pamphlet devoted discussion symptoms significant risks possibility treatment venereal disease discussion appear endanger commercial interest whatsoever serves inform public medical issue regrettably great significance yet persuaded commercial motivation author sufficient alter state power regulate speech anthony comstock surely constitutional right speak use contraceptives day like comstock many persons today morally opposed contraception first amendment commands government allow express views appropriate ways appropriate places believe amendment affords protection appellee views regarding hygienic family planning advantages contraceptive products significant speech often comprises commercial noncommercial elements may fruitful focus nature challenged regulation rather proper label communication cf farber commercial speech first amendment theory nw rev statute issue case prohibits mailing ny unsolicited advertisement matter designed adapted intended preventing conception legitimate interests statute may serve unrelated prevention harm participants commercial exchanges thus restricts speech appellee significant noncommercial component scrutinized statute manner scrutinize prohibition unsolicited mailings organization absolutely commercial interest subject ii assuming case deals commercial speech implies actually hold fact protected speech may offensive persons sufficient justification prohibition commercial speech ante think essential emphasize however communication may offensive two different ways independently message speaker intends convey form communication may offensive perhaps loud ugly particular setting speeches even though elegantly phrased dulcet tones offensive simply listener disagrees speaker message consolidated edison public service new york stevens concurring judgment footnotes omitted fact advertising particular subject matter sometimes offensive deprive advertising first amendment protection equally clear existence protection deprive state power regulate advertising order minimize offensiveness picture may appropriately included instruction book may excluded billboard carey population services international opinion stevens pamphlet contributed appellee public service identifying brand name appellee products also ethical manufacturers require strict standards strength durability reliability manufacturing condoms prophylactics condom must individually tested assure quality condom app brief appellee example pamphlet includes following question answer early symptoms signs syphilis first sign infection single painless sore germ entered body sore called chancre pronounced appears two six weeks exposure infected person chancre sore disappear even without treatment means disease gone deeper body disease cured secondary stage syphilis begins two six months chancre include skin rashes part body baldness sore throat fever headaches even disappear without treatment disease still body waiting create final problems crippling nervous system syphilitic insanity heart disease death right decide whether bear beget child constitutionally protected government may justify inhibiting access contraceptives claiming nature harm consumers see carey population services international see young american mini theatres opinion stevens