Parties: Blount v. Rizzi
Date: 1971-01-14
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Paragraph: 11 - Our discussion appropriately begins with Mr. Justice Holmes' frequently quoted admonition that,N68* 'The United Sttaes may give up the Post Office when it sees fit, but while it carries it on the ues of the mails is almost as much a part of free speech as the right to use our tongues * * *.' United States ex rel. Milwaukee Social Democratic Pub. Co. v. Burleson, 255 U.S. 407, 437, 41 S.Ct. 352, 363, 65 L.Ed. 704 (1921) (dissenting opinion); see also Lamont v. Postmaster General, 381 U.S. 301, 85 S.Ct. 1493, 14 L.Ed.2d 398 (1965). Since § 4006 on its face, and § 4007 as applied, are procedures designed to deny use of the mails to commercial distributors of obscene literature, those procedures violate the First Amendment unless they include built-in safeguards against curtailment of constitutionally protected expression, for Government N69* 'is not free to adopt whatever procedures it pleases for dealing with obscenity * * * without regard to the possible consequences for constitutionally protected speech.'
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