Bloomberg Law
June 9, 2020, 6:40 PM

USPS Custom Postage Political Content Ban Unconstitutional

Julie Steinberg
Julie Steinberg

The U.S. Postal Service’s 2018 rule disallowing political content on custom stamps is unconstitutional, the U.S. Court of Appeals for the District of Columbia Circuit said Tuesday, reversing dismissal of a challenge by an artist who designed stamps critical of a U.S. Supreme Court decision.

The rule’s blanket ban on “political” content fails to provide “objective, workable standards” to guide the exercise of the government’s discretion, as required by the Supreme Court in Minnesota Voters Alliance v. Mansky. There, the justices struck down Minnesota’s ban on “political apparel” at polling places, the D.C. Circuit said.

Anatol Zukerman and Charles ...