How this document has been cited
—continuing to assume that freedom of the press prevents Congress from prohibiting circulation of newspapers containing lottery advertisements
- in 44 Liquormart, Inc. v. Rhode Island, 1996 and 20 similar citations
It may go further, and through its power of exclusion exercise, within limits, general police power over the material which it carries, even though its regulations are quite unrelated to the business of transporting mails.
- in United States ex rel. Milwaukee Social Democratic Publishing Co. v. Burleson, 1921 and 17 similar citations
Obviously, the First Amendment, which guarantees freedom of speech and of the press, is not violated by exclusion from the mails of lottery tickets
- in In re American States Public Service Co., 1935 and 17 similar citations
This Court consistently has upheld Congress' exercise of that power to exclude from the mails materials that are judged to be obscene.
- in Smith v. United States, 1977 and 17 similar citations
"It must be left to congress, in the exercise of a sound discretion, to determine in what manner it will exercise the power it undoubtedly possesses
- in Securities and Exchange Com'n v. Timetrust, Inc., 1939 and 18 similar citations
—the limitations of the First Amendment were recognized as follows (143 US 110, at pages 134, 135, 12 S. Ct. 374, 36 L. Ed. 93): "The circulation of newspapers is not prohibited, but the government declines itself to become an agent in the circulation of printed matter which it regards as injurious to the people. The freedom of communication is not abridged, within the …
- in In re American States Public Service Co., 1935 and 14 similar citations
We cannot regard the right to operate a lottery as a fundamental right infringed by the legislation in question; nor are we able to see that Congress can be held, in its enactment, to have abridged the freedom of the press....[T] he government declines itself to become an agent in the circulation of printed matter which it regards as injurious to the people
- in American Bush v. City of South Salt Lake, 2006 and 14 similar citations
The ground on which prior acts forbidding the transmission of lottery matter by the mails was sustained, was that the power vested in Congress to establish post offices and post roads embraced the regulation of the entire postal system of the country, and that under that power Congress might designate what might be carried in the mails and what excluded.
- in Lottery Case, 1903 and 15 similar citations
"It is not necessary that Congress should have the power to deal with crime or immorality within the States in order to maintain that it possesses the power to forbid the use of the mails in aid of the perpetration of crime or immorality."
- in Journal of Criminal Law and Criminology: Official Organ of the American … and 18 similar citations
Additionally, the early years of free speech jurisprudence saw laws routinely upheld that by today's standards clearly interfere with commercial speech.
- in American Meat Institute v. Dept. of Agriculture, 2014 and 13 similar citations
Cited by
732 F. Supp. 633 - Dist. Court, ED Virginia 1990
677 F. Supp. 1400 - Dist. Court, Minnesota 1987
509 US 418 - Supreme Court 1993
431 US 291 - Supreme Court 1977
414 F. 2d 990 - Court of Appeals, 2nd Circuit 1969
415 F. 2d 664 - Court of Appeals, 5th Circuit 1969
158 F. Supp. 940 - Dist. Court, MD Pennsylvania 1958
345 US 22 - Supreme Court 1953
61 So. 2d 374 - Fla: Supreme Court 1952
326 US 88 - Supreme Court 1945