William J. Brennan, Jr.

Name: Blount v. Rizzi — Opinion of the Court
Author: William J. Brennan, Jr.

Summary

“Blount v. Rizzi — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as mail, proceedings and obscenity.

Quotes from Blount v. Rizzi — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ One Senate Report expressed misgivings when the Postmaster General had originally sought the impounding power: 'The committee recognizes that even in its present form the bill gives the Postmaster General extraordinary and summary powers to impose a substantial penalty by impounding a person's mail for up to 20 days in advance of any hearing or any review by the courts. Such power is directly contrary to the letter and spirit of normal due process, as exemplified by the Administrative Procedure Act, which requires a hearing before any penalty may be imposed. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ Appellants suggest that we avoid the constitutional question raised by the failure of § 4006 to provide that the Government seek a prompt judicial determination by construing that section to deny the administrative order any effect whatever, if judicial review is sought by the distributor, until the completion of that review. Apart from the fact that this suggestion neither requires that the appellants initiate judicial proceedings, nor provides for a prompt judicial determination, it is for Congress, not this Court, to rewrite the statute. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ Second, the district court is required to grant the relief sought by the Postmaster General upon a showing merely of 'probable cause' to believe § 4006 is being violated. We agree with the three-judge court in Book Bin that to satisfy the demand of the First Amendment 'it is vital that prompt judicial review on the issue of obscenity-rather than merely probable cause-be assured on the Government's initiative before the severe restrictions in §§ 4006, 4007, are invoked.' 306 F.Supp., at 1028. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ Moreover, once a § 4006 administrative order has been entered against the distributor, there being no provision for judicial review, the Postmaster may stamp as 'Unlawful' and immediately return to the sender orders for purchase of the magazines addressed to the distributor, and prohibit the payment of postal money orders to him. Such a scheme 'presents peculiar dangers to constitutionally protected speech. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ The authority of the Postmaster General under § 4007 to apply to a district court for an order directing the detention of the distributor's incoming mail pending the conclusion of the § 4006 administrative proceedings and any appeal therefrom plainly does not remedy the defects in § 4006. That section does not provide a prompt proceeding for a judicial adjudication of the challenged obscenity of the magazine. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ The appellees here not only were not afforded 'prompt judicial review' but they 'can only get full judicial review on the question of obscenity-by which the Postmaster would be actually bound-after lengthy administrative proceedings, and then only by (their) own initiative. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ Proceedings under § 4006 are conducted according to departmental regulations. A proceeding is begun by the General Counsel of the Post Office Department by written complaint and notice of hearing. 39 CFR §§ 952.5, 952.7, 952.8. The Judicial Officer of the Department holds a trial-type hearing at which a full record is transcribed. He renders an opinion which includes findings of fact and a statement of reasons. ”

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Source: Wikisource

William J. Brennan, Jr., Blount v. Rizzi — Opinion of the Court

“ Justice Holmes' frequently quoted admonition that, 'The United Sttaes may give up the Post Office when it sees fit, but while it carries it on the ues of the mails is almost as much a part of free speech as the right to use our tongues * * *.' United States ex rel. ”

William J. Brennan, Jr.

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