BOLGER V. YOUNGS DRUG PRODUCTS CORP.
463 U.S. 60 (1983)
NATURE OF THE CASE: This was a dispute over the legality of a statute that prohibits the
mailing of unsolicited advertisements for contraceptives.
FACTS: Youngs Drug Products Corp. (P) manufactures, sells, and distributes
contraceptives. It markets to chain warehouses and wholesale distributors, who in turn sell
contraceptives to retail pharmacists, who then sell those products to individual customers.
P decided to undertake a campaign of unsolicited mass mailings to members of the public. The
Postal Service warned that the mailing violated 39 U.S.C. 3001(e)(2). P contacted the
Service and stated its view that the statute could not constitutionally restrict the
mailings. The Service rejected that proposition and P then brought this action for
declaratory and injunctive relief. The court found all three types of materials to be
commercial solicitations. The court concluded that the statutory prohibition was more
extensive than necessary to the interests asserted by the Government, and it therefore held
that the statute's absolute ban on the three types of mailings violated the First Amendment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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