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Lamont v. Postmaster General

381 U.S. 301 (1965)

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Lamont v. Postmaster General

United States Supreme Court
381 U.S. 301 (1965)

RW

Facts

Foreign correspondents addressed mailings to Corliss Lamont and an individual named Heilberg (plaintiffs). As required by federal statute, 39 U.S.C. § 4008(a), the Post Office screened the mailings and, upon determining that the mailings contained communist political propaganda, notified Lamont and Heilberg that the Post Office had sequestered the mailings but would deliver those mailings if Lamont or Heilberg officially so requested. Lamont and Heilberg separately sued the postmaster general (defendant) to challenge § 4008(a)’s constitutionality. The district court in Lamont’s case dismissed his suit as untimely. Lamont appealed the dismissal. The district court in Heilberg’s case struck down § 4008(a) as an unconstitutional infringement on Heilberg’s First Amendment rights. The postmaster general appealed that decision. The United States Supreme Court consolidated and agreed to hear both appeals.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

Concurrence (Brennan, J.)

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