Bolger v. Youngs Drug Products Corp.

463 U.S. 60 (1983)

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Bolger v. Youngs Drug Products Corp.

United States Supreme Court
463 U.S. 60 (1983)

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Facts

Title 39 U.S.C. §3001(e)(2) prohibits unsolicited mailing of information advertising contraceptives. Youngs Drug Products Corporation (YDPC) (plaintiff) manufactured, sold, and distributed contraceptives. In addition to marketing its products to wholesalers and retailers, YDPC started an advertising campaign of mailing unsolicited advertisements for contraceptives and informational pamphlets discussing contraceptives to individual members of the public. The Postal Service notified YDPC that its mailings would violate §3001(e)(2), and YDPC brought suit in federal district court against Bolger (defendant), a postal service official, seeking to enjoin enforcement of the statute. The district court held that the statute violated the First Amendment, and Bolger appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

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