Rowan v. United States Post Office Department

Rowan v. U. S. Post Office Dept.
Argued January 22, 1970
Decided May 4, 1970
Full case nameDaniel Rowan, dba American Book Service, et al., Appellants, v. United States Post Office Department, et al.
Citations397 U.S. 728 (more)
90 S. Ct. 1484; 25 L. Ed. 2d 736; 1970 U.S. LEXIS 44
Case history
Prior300 F. Supp. 1036 (C.D. Cal. 1969); probable jurisdiction noted, 396 U.S. 885 (1969).
Holding
The addressee of postal mail has unreviewable discretion to decide whether to receive further material from a particular sender, and a vendor does not have a constitutional right to send unwanted material to an unreceptive addressee.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall
Case opinions
MajorityBurger, joined by unanimous
ConcurrenceBrennan, joined by Douglas
Laws applied
39 U.S.C. ยง 4009

Rowan v. Post Office Dept., 397 U.S. 728 (1970), is a case in which the United States Supreme Court ruled that an addressee of postal mail has sole, complete, unfettered and unreviewable discretion to decide whether he or she wishes to receive further material from a particular sender, and that the sender does not have a constitutional right to send unwanted material into someone's home. It thus created a quasi-exception to free speech in cases in which a person is held as a "captive audience".[1]

  1. ^ Eugene Volokh, Freedom of Speech and Workplace Harassment, 39 UCLA Law Review 1791 (1992), excerpted with substantial modifications.