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by DriftRegion
821 days ago
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I agree that EFF calling it a "Ban" is not accurate. Like it or not that's what everyone seems to be calling it. The linked 1965 SCOTUS ruling "Lamont v. Postmaster General, 381 U.S. 301" is fascinating:
https://www.courtlistener.com/opinion/107064/lamont-v-postma... The USPS detained this piece of communist propaganda ( https://www.marxists.org/subject/china/peking-review/1963/PR... ) addressed to the appellant who responded by suing them. The USPS was acting in accordance with the following statute: When it is determined that a piece of mail is "communist political propaganda," the addressee is mailed a notice identifying the mail being detained and advising that it will be destroyed unless the addressee requests delivery by returning an attached reply card within 20 days.
The contentious thing was the reply card. It was ruled that the added friction of the reply card system infringed on first amendment rights.IANALegal Scholar, but an outright ban seems to violate precedent. A forced sale however? I'll be watching this issue closely as it develops. |
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