Lamont v. Postmaster General

39 U.S.C. 4008 (1964) required the U.S. Postmaster General to detain and not deliver "communist political propaganda," unless a recipient affirmatively indicated their consent to receive such materials through the mail. Dr. Corliss Lamont had a copy of the Peking Review detained and declined to respond to the government's inquiry as to whether he wished to receive the delivery. Lamont subsequently filed suit alleging that Section 4008 violated his 1st Amendment and 5th Amendment rights. ==Opinion of the court==

The Court held:the Act, as construed and applied, is unconstitutional, since it imposes on the addressee an affirmative obligation which amounts to an unconstitutional limitation of his rights under the First Amendment. The Court was unanimous in the judgment (8–0, with Justice White recused). Justice Brennan wrote a concurring opinion (which Justice Goldberg joined) and Justice Harlan also wrote a concurring opinion. == See also ==