lamont postmaster general argued april decided may together fixa postmaster san francisco et al heilberg appeal district northern district california cases challenge constitutionality postal service federal employees salary act requires postmaster general detain deliver upon addressee request unsealed foreign mailings communist political propaganda procedure effective march post office sends addressee card checked mailing delivered card returned within days assumed addressee want publication similar one future addressees cases received post office notices sued enjoin enforcement statute held act construed applied unconstitutional since imposes addressee affirmative obligation amounts unconstitutional limitation rights first amendment pp supp reversed supp affirmed leonard boudin argued cause appellant briefs victor rabinowitz norman dorsen henry winestine solicitor general cox argued cause appellee appellants brief assistant attorney general yeagley nathan lewin kevin maroney lee anderson marshall krause argued cause appellee brief lawrence speiser nanette dembitz melvin wulf filed brief american civil liberties union amicus curiae urging reversal affirmance justice douglas delivered opinion appeals present question postal service federal employees salary act stat constitutional construed applied statute provides part mail matter except sealed letters originates printed otherwise prepared foreign country determined secretary treasury pursuant rules regulations promulgated communist political propaganda shall detained postmaster general upon arrival delivery upon subsequent deposit domestic mails addressee shall notified matter received delivered upon addressee request except detention shall required case matter furnished pursuant subscription otherwise ascertained postmaster general desired addressee implement statute post office maintains screening points routed unsealed mail designated foreign countries points nonexempt mail examined customs authorities determined piece mail communist political propaganda addressee mailed notice identifying mail detained advising destroyed unless addressee requests delivery returning attached reply card within days prior march reply card contained space addressee request delivery similar publication future list persons thus manifesting desire receive communist political propaganda maintained post office government brief informs us keeping list terminated effective march thus new practice notice sent must returned individual piece mail desired standing instruction possible leave post office deliver communist political propaganda solicitor general advises us post office department intends retain assumption return card want neither identified publication similar one arriving subsequently arose post office detention copy peking review addressed appellant corliss lamont engaged publishing distributing pamphlets lamont respond notice detention sent instead instituted suit enjoin enforcement statute alleging infringed rights first fifth amendments post office thereupon notified lamont considered institution suit expression desire receive communist political propaganda therefore none mail detained lamont amended complaint challenge constitutional grounds placement name list desiring receive communist political propaganda majority district nonetheless dismissed complaint moot supp lamont receive mail unimpeded insofar list concerned majority thought legally significant harm lamont result listed merely speculative possibility score controversy yet ripe adjudication lamont appealed dismissal noted probable jurisdiction like lamont appellee heilberg mail detained refused return reply card instead filed complaint district injunction enforcement statute post office reacted complaint manner lamont complaint district declined hold heilberg action thereby mooted instead district reached merits unanimously held statute unconstitutional first amendment supp government appealed noted probable jurisdiction longer even colorable question mootness cases new procedure described requires postal authorities send separate notice item received addressee make separate request item new system told list persons manifested desire receive communist political propaganda whose mail therefore go relatively unimpeded government concedes changed procedure entirely precludes claim mootness leaves consideration sole question constitutionality statute conclude act construed applied unconstitutional requires official act returning reply card limitation unfettered exercise addressee first amendment rights stated justice holmes milwaukee pub burleson dissenting may give post office sees fit carries use mails almost much part free speech right use tongues struck murdock pennsylvania flat license tax exercise first amendment rights registration requirement imposed labor union organizer making speech met fate thomas collins municipal licensing system distributing literature held invalid lovell griffin recently reviewed harman forssenius attempt state impose burden exercise right amendment registration required federal electors pay state poll tax stated federal elections poll tax abolished absolutely prerequisite voting equivalent milder substitute may imposed material requirement imposed upon federal voter solely refusal waive constitutional immunity subverts effectiveness amendment must fall ban reverse judgment affirm ordered footnotes post office regulation permits patron refuse delivery piece mail cfr request writing withholding delivery period exceed two years specifically described items certain mail including foreign printed matter ibid see schwartz mail must go rev whatever may voluntary nature postal system period establishment main artery business social personal affairs people conducted upon depends greater degree upon activity government promotion general welfare pike walker app see gellhorn individual freedom governmental restraints et seq justice brennan justice goldberg joins concurring might troublesome cases addressees predicated claim relief upon first amendment rights senders succeed addressees establish standing vindicate senders constitutional rights cf dombrowski pfister well first amendment protection political propaganda prepared printed abroad behalf foreign government cf johnson eisentrager however questions us since addressees assert first amendment claims right contend government powerless interfere delivery material first amendment necessarily protects right receive martin city struthers since decisions today uphold contention join opinion true first amendment contains specific guarantee access publications however protection bill rights goes beyond specific guarantees protect congressional abridgment equally fundamental personal rights necessary make express guarantees fully meaningful see bolling sharpe naacp alabama kent dulles aptheker secretary state think right receive publications fundamental right dissemination ideas accomplish nothing otherwise willing addressees free receive consider barren marketplace ideas sellers buyers even accept characterization statute regulation intended control content speech incidentally limiting unfettered exercise see zemel rusk consistently held compelling governmental interest regulation subject within governmental constitutional power regulate justify limiting first amendment freedoms naacp button government brief expressly disavows support statute large public interests needed justify true restriction upon freedom expression inquiry rather government argues since addressee taking trouble return card receive publication named inconvenience abridgment involved inhibition well prohibition exercise precious first amendment rights power denied government see freedman maryland garrison louisiana speiser randall registration requirement struck thomas collins appreciably burdensome moreover addressee failure return form results nondelivery particular publication also similar publications material thus although addressee may content receive particular publication hence return card consequence denial access like publications may desire receive event sustain intrusion first amendment rights ground intrusion minor one said boyd may obnoxious thing mildest least repulsive form illegitimate unconstitutional practices get first footing way namely silent approaches slight deviations legal modes procedure obviated adhering rule constitutional provisions security person property liberally construed close literal construction deprives half efficacy leads gradual depreciation right consisted sound substance duty courts watchful constitutional rights citizen stealthy encroachments thereon justice harlan concurs judgment grounds set forth concurring opinion