Unsolicited Mail

Do you receive advertisements for Playboy magazine, Triple X DVD’s or other sexually explicit material in your mailbox? Do you find these ads offensive? If so, read on. The following information will explain your rights and what you can do to stop this type of advertisement.

Companies selling “sexually explicit” or “adult” material often send unsolicited advertisements through the mail. They obtain mailing lists from many different sources such as direct mail companies, magazines and other mail order businesses. The government cannot prohibit unsolicited mailings. Such an act would be a violation of an individual and a company’s right to free speech under the First Amendment. However, the government can regulate the following four things:

  1. Sending obscene material through the mail (18 U.S.C. 1461);
  2. Distribution of pornography (76-10-1204 U.C.A.);
  3. Mailing material with indecent pictures or words on the wrapper
    or envelope (18 U.S.C. 1463); and
  4. Continuing to send material after you file a prohibitory order (39 U.S.C. 3008 and 3010).

NOTE: The mail advertisements for obscene material do not actually have to contain pictures or words, which are obscene; to violate the law, they only have to advertise the sale of material that contains obscene words or pictures.


What should I do if I receive obscene mail or mail with indecent material on the outside?
Can I stop a company from sending additional material that I find offensive?
Can I just keep all sexually oriented material from being mailed to me?
Additional Information

What should I do if I receive obscene mail or mail with indecent material on the outside?

  • Do not throw it away! Keep the obscene mail and its envelope so it can be used as evidence. You may want to make a copy and keep it for your records.
  • Report it! Take the obscene material and the envelope in which it was sent, to your local post office and ask for the matter to be investigated as a possible violation of mailing obscene or crime-inciting matter (18 U.S.C. § 1461) or mailing indecent matter on wrappers or envelopes (18 U.S.C. § 1463). Remember, the First Amendment does not protect obscenity. Tell the federal employee you speak with that you would like to know the results of the investigation. Get the person’s name and telephone number. You should also file a complaint with the following agencies and include the name and address of the post office where you filed the original complaint:

    United States Attorney’s Office
    District of Utah
    185 South State Street #400
    Salt Lake City, UT 84111
    Phone: 801-524-5682

    Child Exploitation and Obscenity Section
    US Department of Justice, Criminal Division
    1001 G Street, NW
    Washington, D.C. 20530
    Phone: 202-353-1555

    Postal Inspection Service
    United States Postal Service
    1745 Stout Street, Suite 900
    Denver, CO 80202-3034
    Phone: 303-313-5320

    Your Local City Prosecutor. The telephone number and address can be found in the government pages of your phonebook. The complaint to your local prosecutor will be for distribution of pornography (76-10-1204 U.C.A.).

 Can I stop a company from sending additional material that I find offensive?

Have you asked a company to stop sending you advertisements because you find them offensive but the company continues to mail you the advertisements anyway? You have the right to stop these mailings. Federal law 39 U.S.C. 3008 gives you the power to stop offensive material, which is any material you believe to be provocative, from being mailed to you. The Supreme Court said you can declare a “dry goods catalog” to be offensive and prohibit its delivery to your home. Rowan v. United States Post Office Department, 397 U.S. 728 (1970). The post office must accept whatever you classify as offensive, even if they don’t believe it is sexually oriented.

  • File a Form 1500, Application for a Prohibitory Order (section one of the form). You can download a free, printable copy of Form 1500, pick one up from your local post office or ask for a copy to be mailed to you by telephoning a major post office in your area. It is a very short, simple form.

  • You must attach the entire mailing you found offensive with the application. Be sure the offensive mailing is open because the Post Office is not allowed to open your mail.

  • Take the completed form, “page 2 and the reverse of page 2," back to your post office or mail it to the following address:

    PROHIBITORY ORDER PROCESSING CENTER
    US POSTAL SERVICE
    PO BOX 3744
    MEMPHIS TN 38173-0744

  • Keep “page 3" and the “reverse of page 3" for your file.

  • You should receive a copy of the Prohibitory Order 30 days after you submit your application, after it has been processed by the Postal Service. Once you receive the Order, it is unlawful for that specific company to continue sending you mail advertisements. If the company sends prohibited material to you, contact your post office and ask them to enforce the order.

 Can I keep all sexually oriented material from being mailed to me?

You do not have to receive an offensive mailing before you have the right to tell adult businesses that you do not want to receive their advertisements. Federal law 39 U.S.C. 3010 specifically gives you the right to prevent all unsolicited sexually oriented mailings from being sent to you and to your children that are under 19 years of age and living in your home. You may file a notice under this law at any time by taking the following steps:

  • Fill out Form 1500, Application for Listing (section two of the form), with your name and the names of your children who are under the age of 19. This will allow the names to be put on a list, maintained by the US Postal Service, of people who do not wish to receive any sexually oriented advertisements.

  • Take the completed form, “page 2 and the reverse of page 2," back to your post office or mail it to the US Postal Service at the above address.

  • Keep “page 3" and the “reverse of page 3" for your file.

  • If you receive sexually oriented material after your name has been on the list for more than 30 days, contact your post office and ask them to enforce the order.

 Additional Information:

http://www.usps.com
To go to Form 1500, click on Forms, then click on Applications, then click on Form 1500.
This site also has a publication, Pub. 307 that can be found by typing “Pub. 307" in the search box and clicking on search.

http://www.junkbusters.com
This site provides information on how to stay off junk mail lists and gives details on Prohibitory Orders.

 

Relevant United States Supreme Court cases

Rowan v. United States Post Office Department, 397 U.S. 728 (1970)
The Supreme Court held that an individual can refuse to receive any mailings they do not want once the Postmaster General orders the sender to stop sending the material, and the prohibition does not extend merely to 'such materials' or materials similar to those previously sent.

 

  • The right of every person 'to be let alone' must be placed on the scales with the right of others to communicate.

  • Nothing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit.

  • A person 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.
    “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.”


U.S. v. Reidel, 402 U.S. 351 (1971)
Reidel advertised sexually explicit material for sale. When someone placed an order, Reidel would send the order to the individual using the U.S. Postal Service. Charges were filed under federal obscenity statute 18 U.S.C. 1461 which prohibits the use of the mail system for distributing obscenity. Reidel argued this law was unconstitutional because it prevented consenting adults from receiving material they wanted. Adults have the right to possess obscenity, so Reidel argued they should have the right to receive it. The Supreme Court held that 18 U.S.C. 1461 was constitutional. They confirmed that adults have the right to possess obscenity but stated they do not have the right to receive it through the mail.


Bolger v. Youngs Drug Products Corp., 463 U.S. 60 (1983)
The Supreme Court held that the government cannot restrict protected speech even when they believe many people will be offended by it, such as advertisements for contraceptives.

  • Commercial speech may be protected speech.

  • The fact that protected speech may be offensive to some persons does not justify its suppression, and, in any event, recipients of objectionable mailings can avoid further offensiveness simply by averting their eyes or disposing of the mailings in a trash can.

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