SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Choper
Lamont v. Postmaster General
Citation:
381 U.S. 301 (1965)Facts
In 1962, Congress enacted legislation requiring the Post Office to detain unsealed mail from certain foreign countries determined to be “communist political propaganda.” When such mail was identified, the Post Office would send a notice to the addressee indicating that the mail would be destroyed unless the addressee specifically requested its delivery by returning an attached reply card within 20 days. Initially, addressees could request delivery of all similar future publications, and the Post Office maintained a list of those willing to receive such materials. Later, the procedure was changed to require a separate request for each piece of mail. Dr. Corliss Lamont, who received a copy of the Peking Review that was detained, refused to return the card and instead filed suit challenging the constitutionality of the statute. The Post Office subsequently informed Lamont that his lawsuit would be treated as an expression of his desire to receive such materials, but Lamont amended his complaint to challenge being placed on a list of those desiring to receive “communist political propaganda.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.