18 U.S.C. § 1717

Letters and writings as nonmailable

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(a) Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, in violation of sections 499, 506, 793, 794, 915, 954, 956, 957, 960, 964, 1017, 1542, 1543, 1544 or 2388 of this title or which contains any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States is nonmailable and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.(b) Whoever uses or attempts to use the mails or Postal Service for the transmission of any matter declared by this section to be nonmailable, shall be fined under this title or imprisoned not more than ten years or both.(June 25, 1948, ch. 645, 62 Stat. 782; Pub. L. 86–682, § 12(b), Sept. 2, 1960, 74 Stat. 708; Pub. L. 91–375, § 6(j)(27), Aug. 12, 1970, 84 Stat. 780; Pub. L. 101–647, title XXXV, § 3552(a), Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 343, 344, 345, 346 (June 15, 1917, ch. 30, title XII, §§ 1–3, title XIII, § 1, 40 Stat. 230, 231; Mar. 28, 1940, ch. 72, § 9, 54 Stat. 80).

Section consolidates said sections 343–345 of title 18, U.S.C., 1940 ed. The provision as to opening letters was incorporated in paragraph (c).

Venue provisions in said section 345 of title 18, U.S.C., 1940 ed., were omitted as covered by section 3237 of this title.

Section 346 of title 18, U.S.C., 1940 ed., defining “United States” was omitted. It is incorporated, however, in section 5 of this title.

References in text to other sections do not include definitive sections. Only those susceptible of violation are cited.

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in arrangement, translation, and phraseology.

Editorial NotesAmendments

1994—Subsec. (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

1990—Pub. L. 101–647 struck out “; opening letters” after “nonmailable” in section catchline.

1970—Subsec. (b). Pub. L. 91–375 struck out “of the United States” after “Postal Service”.

1960—Subsec. (c). Pub. L. 86–682 struck out subsec. (c) which related to the opening of letters.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

Effective Date of 1960 Amendment

Amendment by Pub. L. 86–682 effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, Sept. 2, 1960, 74 Stat. 708.

Notes of Decisions

Cited in 7 cases, 1958–1994 · leading case: Manual Enter., Inc. v. Day, 370 U.S. 478 (1962).

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Manual Enter., Inc. v. Day, 370 U.S. 478 (1962). · cites it 2× “§§ 1715 and 1716, making criminal the mailing of firearms and injurious articles, explicitly state that the Postmaster General may make regulations governing their transmission; (5) 18 U. S. C. § 1717 , making criminal the mailing of matter advocating treason, explicitly…”

United States v. Anzalone, 40 M.J. 658 (1994). “§ 793 (espionage statute), and a violation of 18 U.S.C. § 1717 , in violation of Articles 80, 92, 106a, and 134, Uniform Code of Military Justice [UCMJ], respectively, 10 U.”

United States v. Johnson, 9 C.M.A. 591 (1958). “1The following applicable offenses against the mails are specifically denounced under the United States Code: 18 USC § 1701 — obstruction of mails 18 USC § 1702 — obstruction of correspondence 18 USC § 1703 — delay or destruction of mails 18 USC § 1708 — theft of mail matter 18…”

United States v. Fulcher, 229 F. Supp. 456 (D. Maryland 1964). “4057 is limited to espionage cases covered by 18 U.S.C.A. § 1717 (a) and ■(b). However, the Revision Note to sec.”

Williams v. Blount, 314 F. Supp. 1356 (D.D.C. 1970). “§ 2388 (a) and is thus nonmailable under 18 U.S.C. § 1717 (a). The May 1967 issue has not been proceeded against as an item of domestic mail.”

Rev. Merle E. Parker, D.D. v. Arthur E. Summerfield, Postmaster Gen. of the United States, 265 F.2d 960 (D.C. Cir. 1959). “he Postmaster General, through his counsel, the United States Attorney, asserts that the claim that he (the Postmaster) must read the appellant’s mail is groundless; that the fraud order does not direct, permit, or in any fashion authorize the Postmaster’s personal examination…”

Big Table, Inc. v. Schroeder, 186 F. Supp. 254 (N.D. Ill. 1960). “§ 259a specifically authorizing the issuance of block orders on incoming mail on such ground; but also see 18 U.S.C. § 1717 , dealing with treasonable material, under which the administrative power has also been employed without particular provision.”

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