Bolger v. Youngs Drug Products Corp.

A federal statute (39 U.S.C. section 3001(e)(2)) prohibited the unsolicited mailing of advertisements for contraceptives. Youngs Drug Products Corp. (plaintiff), a contraceptive manufacturer, launched a campaign mailing unsolicited advertisements and informational pamphlets about contraceptives to the public. The Postal Service warned that the mailings violated the statute. Youngs sued postal official Bolger (defendant) to enjoin enforcement as a First Amendment violation. The district court agreed, and Bolger appealed.

Whether a federal statute prohibiting the unsolicited mailing of advertisements for contraceptives violates the First Amendment.