amigo_boy
join:2005-07-22
Tempe, AZ
 ·Cox HSI
 ·magicjack.com
4 edits | reply to hottboiinnc
Re: Global Crossing & Hurricane Electric looked other way ??
said by hottboiinnc  :Where is that right stated? i don't remember learning about that in History or Gov't class. Glad you asked. See the following:
said by US Supreme Court :
Both the absoluteness of the citizen's right under Sect. 4009 and its finality are essential; what may not be provocative to one person may well be to another. In operative effect THE POWER OF THE HOUSEHOLDER UNDER THE STATUTE IS UNLIMITED; HE MAY PROHIBIT THE MAILING OF A DRY GOODS CATALOG because he objects to the contents or indeed the text of the language touting the merchandise.[1] As a matter of background, this case concerned 39 USC 3008 [2]. Congress enacted this law primarily as a protection against smut mail. It placed sole discretion of what is objectionable in the hands of the receiver. The mass-mailing industry challenged the law arguing it infringed their constitutional right to communicate with anyone. That it was too broad and would eliminate even non-smut mailings.
The court disagreed, using such remarks as:
said by US Supreme Court :
We therefore categorically reject the argument that a vendor has a right, under the Constitution or otherwise, to send unwanted material into the home of another. If this prohibition operates to impede the flow of even valid ideas, the answer is that no one has a right to press even "good" ideas on an unwilling recipient.[3] Therefore, you have what the court deemed "unreviewable discretion" in determining which mail can be prohibited.[4]
For this reason, Postal Form 1500 exists.[5] This form is an Application for Prohibitory Order. The postal equivalent to a restraining order. You are allowed to file it for *any* mailing. This is recognized by the Postal Service's own procedures.[6]
Of course, it's my contention that you should have learned about this from the Electronic Frontier Foundation (EFF) if they truly concern themselves with your rights.
Mark
=== References ===
[1] Rowan, DBA American Book Service, et al. V. United States Post Office Department, et al. 397 U.S. 728, 737, emphasis added. (»supreme.justia.com/us/397/728/case.html#737).
[2] 39 USC Sect. 3008 (»www.law.cornell.edu/uscode/39/3008.shtml), previously codified as Sect. 4009
[3] Supra note 1, p. 738. (»supreme.justia.com/us/397/728/case.html#738). See also:
said by US Supreme Court :
Today's merchandising methods, the plethora of mass mailings subsidized by low postal rates, and the growth of the sale of large mailing lists as an industry, in itself, have changed the mailman from a carrier of primarily private communications, as he was in a more leisurely day, and have made him an adjunct of the mass mailer who sends unsolicited and often unwanted mail into every home. ... whether measured by pieces or pounds, Everyman's mail today is made up overwhelmingly of material he did not seek from persons he does not know. And, all too often, it is matter he finds offensive. P. 736. (»supreme.justia.com/us/397/728/case.html#736).
[4] Ibid., p. 739, footnote 6. (»supreme.justia.com/us/397/728/case.html#F6). See also:
said by US Supreme Court :
The section was intended to allow the addressee COMPLETE AND UNFETTERED DISCRETION in electing whether or not he desired to receive further material from a particular sender. P. 734, emphasis added. (»supreme.justia.com/us/397/728/case.html#734).
[5] »www.usps.com/forms/_pdf/ps1500.pdf
[6]
said by US Postal Service :
-- The prohibitory order. This order aids in protecting customers from receiving pandering advertisements through the mail. An addressee may obtain a prohibitory order against the mailer of an advertisement that THE ADDRESSEE DETERMINES, IN HIS OR HER SOLE DISCRETION, to be offering matter for sale that is erotically arousing or sexually provocative, as defined in title 39, United States Code, 3008. POSTMASTERS MAY NOT REFUSE TO ACCEPT A FORM 1500 because the advertisement in question does not appear to be sexually oriented. Only the addressee may make that determination. The order prohibits the mailer from sending any further mail to the applicant (and his or her eligible minor children included in the application), effective on the 30th calendar day after the mailer receives the order. Postal Bulletin PB 21977, July 30, 1998, p. 13, emphasis added. (»www.usps.com/cpim/ftp/bulletin/1···1977.pdf). |
