John Hessin Clarke

“ Usually private swindling does not depend upon the postoffice. If the execution of this law does not abridge freedom of speech I do not quite see what could be said to do so.
Even if it should be held that the prohibition of other modes of carrying letters was unconstitutional, as suggested in a qualified way in Matter of Jackson, 96 U.S. 727, 24 L. Ed. 877, it would not get rid of the difficulty to my mind, because the practical dependence of the public upon the postoffice would remain. But the decision in that case admits that possibly at least the prohibition as to letters would be valid. ”

“ The decisions thus far have gone largely if not wholly on the ground that if the Government chose to offer a means of transportation which it was not bound to offer it could choose what it would transport; which is well enough when neither law nor the habit that the Government's action has generated has made that means the only one. ”

“ We have not before us any question as to how far Congress may go for the safety of the nation. The question is only whether it may amke possible irreparable wrongs and the ruin of a business in the hope of preventing some cases of a private wrong that generally is accomplished without the aid of the mail. ”