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BOLGER v. YOUNGS DRUG PRODUCTS CORP.

No. 81-1590.

463 U.S. 60 (1983)

103 S.Ct. 2875

77 L.Ed.2d 469

BOLGER ET AL. v. YOUNGS DRUG PRODUCTS CORP.

Supreme Court of United States.

Decided June 24, 1983.

Attorney(s) appearing for the Case

David A. Strauss argued the cause for appellants. With him on the briefs were Solicitor General Lee and Deputy Solicitor General Geller.

Jerold S. Solovy argued the cause for appellee. With him on the brief were Robert L. Graham and Laura A. Kaster.*

Michael L. Burack, Charles S. Sims, and Janet Benshoof filed a brief for the American Civil Liberties Union as amicus curiae.

JUSTICE MARSHALL delivered the opinion of the Court.

Title 39 U. S. C. § 3001(e)(2) prohibits the mailing of unsolicited advertisements for contraceptives. The District Court held that, as applied to appellee's mailings, the statute violates the First Amendment. We affirm.

I

Section 3001(e)(2) states that "[a]ny unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall...

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