39 U.S.C. § 3008

Prohibition of pandering advertisements

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(a) Whoever for himself, or by his agents or assigns, mails or causes to be mailed any pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative shall be subject to an order of the Postal Service to refrain from further mailings of such materials to designated addresses thereof.(b) Upon receipt of notice from an addressee that he has received such mail matter, determined by the addressee in his sole discretion to be of the character described in subsection (a) of this section, the Postal Service shall issue an order, if requested by the addressee, to the sender thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees.(c) The order of the Postal Service shall expressly prohibit the sender and his agents or assigns from making any further mailings to the designated addresses, effective on the thirtieth calendar day after receipt of the order. The order shall also direct the sender and his agents or assigns to delete immediately the names of the designated addressees from all mailing lists owned or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and his agents or assigns from the sale, rental, exchange, or other transaction involving mailing lists bearing the names of the designated addressees.(d) Whenever the Postal Service believes that the sender or anyone acting on his behalf has violated or is violating the order given under this section, it shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for its belief and request that any response thereto be filed in writing with the Postal Service within 15 days after the date of such service. If the Postal Service, after appropriate hearing if requested by the sender, and without a hearing if such a hearing is not requested, thereafter determines that the order given has been or is being violated, it is authorized to request the Attorney General to make application, and the Attorney General is authorized to make application, to a district court of the United States for an order directing compliance with such notice.(e) Any district court of the United States within the jurisdiction of which any mail matter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the Attorney General, to issue an order commanding compliance with such notice. Failure to observe such order may be punishable by the court as contempt thereof.(f) Receipt of mail matter 30 days or more after the effective date of the order provided for by this section shall create a rebuttable presumption that such mail was sent after such effective date.(g) Upon request of any addressee, the order of the Postal Service shall include the names of any of his minor children who have not attained their nineteenth birthday, and who reside with the addressee.(h) The provisions of subchapter II of chapter 5, relating to administrative procedure, and chapter 7, relating to judicial review, of title 5, shall not apply to any provisions of this section.(i) For purposes of this section—(1) mail matter, directed to a specific address covered in the order of the Postal Service, without designation of a specific addressee thereon, shall be considered as addressed to the person named in the Postal Service’s order; and(2) the term “children” includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the addressee or who are living with such addressee in a regular parent-child relationship.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 748.)Statutory Notes and Related SubsidiariesEffective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions

Cited in 19 cases, 1971–2020 · leading case: Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60 (1983).

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Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60 (1983). · cites it 12× “728, 737 (1970) (upholding the constitutionality of 39 U. S. C. § 3008 ). [25] But we have never held that the Government itself can shut off the flow of mailings to protect those recipients who might potentially be offended.”

Brenda Curtis v. James R. Thompson, 840 F.2d 1291 (7th Cir. 1988). · cites it 4× “See 39 U.S.C. § 3008 . The statute upheld in Rowan provides a procedure whereby any householder may insulate himself from advertisements that offer for sale “matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative.”

Hamling v. United States, 418 U.S. 87 (1974). · cites it 2× “Nor does the enactment by Congress of 39 U. S. C. § 3008 , enabling the Postal Service to cease forwarding pandering advertisements at the request of an addressee, authorize, as contended by petitioners, the pandering of obscene advertisements.”

United States Postal Serv. v. Hustler Magazine, Inc., 630 F. Supp. 867 (D.D.C. 1986). · cites it 6× “This case presents the novel question of whether the statutory prohibition against mailing certain pandering advertisements, 39 U.S.C. § 3008 , is constitutional where the “addressee” is a Member of Congress.”

United States v. Williams, 444 F.3d 1286 (11th Cir. 2006). “, 39 U.S.C. § 3008 (prohibiting pandering advertisements of sexually provocative materials by mail), Ginzburg v.”

United States v. Pent-R-Books, Inc., 538 F.2d 519 (2d Cir. 1976). “PIERCE, District Judge: This appeal, involving twenty cases consolidated for appellate purposes, 1 presents a variety of questions concerning the federal statute regulating the mailing of pandering advertisements, 39 U.S.C. § 3008 (the Pandering Law). 2 The Pandering Law was…”

Sanford v. Memberworks, Inc., 483 F.3d 956 (9th Cir. 2007). “, 39 U.S.C. § 3008 (a) (“Whoever for himself, or by his agents or assigns, mails or causes to be mailed any pandering advertisement .”

United States v. Handler, 383 F. Supp. 1267 (D. Maryland 1974). · cites it 2× “§ 4009 , now 39 U.S.C. § 3008 . 27 . 39 U.S.C. § 4009 (a), (b), now 39 U.”

New York Tel. Co. v. Pub. Serv. Comm'n, 271 A.D.2d 35 (N.Y. App. Div. 2000). “We find the present scheme, analogous to the one available to postal service customers who wish to have objectionable materials withheld from delivery (see, 39 USC § 3008 ), to be entirely permissible.”

Pent-R-Books, Inc. v. United States Postal Serv., 328 F. Supp. 297 (E.D.N.Y 1971). “The Basic Validity of the Statute The Goldwater amendment represents a continuation of Congressional attempts to limit the distribution of erotic literature to individuals who wish not to receive ij;.”

Youngs Drug Prods. Corp. v. Bolger, 526 F. Supp. 823 (D.D.C. 1981). · cites it 2× “Especially when the related interest in preventing such material from falling into the hands of the children of addressees who do not wish their children to be exposed to it, is considered, this Court concludes that the governmental interest is a substantial one.”

United States v. Thomas C. Pellegrino, 467 F.2d 41 (9th Cir. 1972). “See 39 U.S.C. §§ 3008 , 3010-11; 18 U.S.C. §§ 1735-37 .”

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— 39 U.S.C. § 3008(a) — 1 case

Brenda Curtis v. James R. Thompson, 840 F.2d 1291 (7th Cir. 1988). “See 39 U.S.C. § 3008 . The statute upheld in Rowan provides a procedure whereby any householder may insulate himself from advertisements that offer for sale “matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative.”

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