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BLOUNT v. RIZZI

No. 55.

400 U.S. 410 (1971)

91 S.Ct. 423

27 L.Ed.2d 498

BLOUNT, POSTMASTER GENERAL, ET AL. v. RIZZI, DBA THE MAIL BOX.

Supreme Court of United States.

Decided January 14, 1971

Attorney(s) appearing for the Case

Peter L. Strauss argued the cause for appellants in both cases. With him on the brief were Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Robert V. Zener, Donald L. Horowitz, David Nelson, and Charles D. Hawley.

Stanley Fleishman argued the cause for appellee in No. 55. With him on the brief was Sam Rosenwein. Robert Eugene Smith argued the cause for appellee in No. 58. With him on the brief was Hugh W. Gibert.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

No. 55 (hereafter Mail Box) draws into question the constitutionality of 39 U. S. C. § 4006 (now 39 U. S. C. § 3006, Postal Reorganization Act,† 84 Stat. 747), under which the Postmaster General, following administrative hearings, may halt use of the mails and of postal money orders for commerce in allegedly obscene...

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