Heidy

MEMORANDUM OF DECISION AND ORDER

This is a case of first impression. It involves a constitutional challenge to the procedures adopted by the United States Customs Service (“Customs”) for enforcement of 19 U.S.C. Section 1305 (“Section 1305”). Section 1305 prohibits, among other things, the importation of certain written materials into the United States. Specifically, Section 1305 provides in pertinent part:

Plaintiffs in this action (“Plaintiffs”) are all United States citizens from whom written materials were seized upon their reentry into the United States from Nicaragua. In some instances, an initial review was made by Customs officials to determine whether the questioned materials urged “treason or insurrection” in violation of Section 1305 (“Section 1305 Review” or “Review”). In others, Customs sought the assistance of the Federal Bureau of Inves tigation (“FBI”) in making its determination. Photocopies were made of some of the detained materials. In addition, in some, if not all cases, the agency conducting the review made permanent records reflecting at least the identity of the person from whom the materials were seized, a description of the contents of the materials…