Heilberg

In this action plaintiff seeks to enjoin the enforcement of 39 U.S.C. § 4008 , a statute which regulates the mailing of “communist political propaganda”, and an order declaring it unconstitutional. This Court was convened pursuant to 28 U.S.C. § 2282 , § 2284. Based on the record made at the hearing on the merits and facts established at prior pretrial proceedings before- this Court, including the hearing 'on defendants’ motion to dismiss which was denied, we hold that 39 U.S.C. § 4008 is unconstitutional on its face, as it infringes plaintiff’s rights under the First Amendment of the Constitution of the United States, and defendants are enjoined from enforcing this statute.

In order to disclose the constitutional infirmities of the statute at issue, it is necessary to describe briefly its operation. Upon a determination by the Secretary of the Treasury that unsealed mail originating in a foreign country is “communist political propaganda”, as defined in 22 U.S.C., § 611 (j), The Foreign Agents Registration Act of 1938 as amended, the Postmaster General is authorized to detain the mail upon its arrival for delivery in the United States. The addressee may receive the mail if it…