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ROWAN v. POST OFFICE DEPT.

No. 399.

397 U.S. 728 (1970)

90 S.Ct. 1484

25 L.Ed.2d 736

ROWAN, DBA AMERICAN BOOK SERVICE, ET AL. v. UNITED STATES POST OFFICE DEPARTMENT ET AL.

Supreme Court of United States.

Decided May 4, 1970

Attorney(s) appearing for the Case

Joseph Taback argued the cause and filed a brief for appellants.

Assistant Attorney General Ruckelshaus argued the cause for appellees. With him on the brief were Solicitor General Griswold, Peter L. Strauss, Robert V. Zener, and Donald L. Horowitz.

Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Lloyd G. Milliken filed a brief for the Attorney General of New York as amicus curiae urging affirmance. David E. McGiffert filed a brief for the Direct Mail Advertising Association, Inc., as amicus curiae.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

Appellants challenge the constitutionality of Title III of the Postal Revenue and Federal Salary Act of 1967, 81 Stat. 645, 39 U. S. C. § 4009 (1964 ed., Supp. IV), under which a person may require that a mailer remove his name from its mailing lists and stop all future mailings to the householder. The appellants are publishers, distributors, owners, and operators of mail order houses, mailing list...

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