Rowan v. United States Post Office Department Page 16

Rowan v. United States Post Office Department general information

Media for Rowan v. United States Post Office Department

Audio Transcription for Oral Argument - January 22, 1970 in Rowan v. United States Post Office Department

William D. Ruckelshaus:

But its way off on one end Mr. Justice White, in terms of --

Byron R. White:

And that so, I don't know the Department of Justice is in the way off on one end?

William D. Ruckelshaus:

Well, I mean [Attempt to Laughter] --

William O. Douglas:

But in terms of literature, it might not be way off on one end?

William D. Ruckelshaus:

Well, I think if there was an abuse -- of an obvious abuse of a lower court's decision in issuing which is basically an equitable proceeding and injunction that -- there might be some grounds for an appeal from that decision.

But the -- we have used the standard in our brief as a suggested standard of a good faith standard.

Any standard that you use, you have difficulty with it because how can you determine good faith to the addressees not a present in court and he may will not be present in court if he is at the other end of the country.

So, that I think that to the extent that a court would received one of these things that obviously what wasn't advertisement, they had no relation whatsoever the pandering our sexually oriented material that a court couldn't in its equity power refused to exercise its discretion in entering an order.

Just as the Attorney General where it says he's authorized to bring such a case and where it says, in the second stage the Post Master General is authorized to request the Attorney General.

Byron R. White:

But I take it that you would say that the District Court when it asked to enter that order, it would look at that potato advertisement.

It could issue the injunction in its discretion and you're saying that the statute apparently would authorize the District Court to issue that injunction and that it would be no violation of the statute to order a person to quit sending potato advertisement.

William D. Ruckelshaus:

I don't think that we need to go that far.

I think it may well be if it's potatoes that the court on the appeal could it be said to have abused its discretion.

Warren E. Burger:

Thank you, Mr. Attorney General.

Thank you for your submission.

The case is submitted.