Bolger v. Youngs Drug Products Corp.

United States Supreme Court

463 U.S. 60 (1983)

The First Amendment grants qualified and substantial protection to commercial speech which include proposals to engage in a commercial transaction with reference to a specific product based on an economic motivation for promulgating the speech.

Relevant Facts

39 U.S.C. §3001(e)(2) prohibits the unsolicited mailing of information advertising contraceptives. Youngs Drug Products Corporation (the plaintiff) manufactured, sold, and distributed contraceptives. The plaintiff started an advertising campaign of mailing unsolicited advertisements for contraceptives and informational pamphlets discussing contraceptives to individual members of the public. The United States Postal Service (USPS) notified the plaintiff that its mailings violate §3001(e)(2).

The plaintiff brought suit in federal district court against Bolger (the defendant), a postal service official. The plaintiff sought to enjoin enforcement of the statute as violative of the First Amendment. The district court agreed, and the defendant appealed to the United States Supreme Court.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 29, 2020

Judicial Opinion

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Procedural History

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Citations

463 U.S. 60 (1983)