United States v. Consolidated Productions, Inc.

MEMORANDUM OPINION GRANTING MOTION TO DISMISS THE INDICTMENT

The indictment in this case involves the first criminal prosecution instituted for an alleged violation of 39 U.S.C. § 4009 (1964 ed., Supp. IV). That section provides that a person who has received by mail an “advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative” may request the Postmaster General to issue an order “directing the sender and his agents or assigns to refrain from further mailings to the named addressee” and to delete the addressee’s name from his mailing lists. It further provides that the United States District Court has “jurisdiction, upon application by the Attorney General, to issue an order commanding compliance with” the Postmaster General's order. A violation of that court “order may be punished by the court as contempt thereof”.

On April 13, 1970, a judgment was entered against Consolidated Productions, Inc., doing business as Adult Novelty Company, in this United States District Court pursuant to 39 U.S.C. § 4009 (e). This judgment provided in pertinent part as follows:

Thereafter, on June 16, 1970,…