Bolger v. Youngs Drug Products Corp.

A federal statute established in 1873 prohibited the mailing of unsolicited pamphlets regarding contraceptives. Filing a friend-of-the-court brief, the ACLU challenged the constitutionality of this statute, alleging that it violated the First Amendment’s protection of commercial speech. Applying the test regarding commercial speech established in Central Hudson Gas and Electric Corp. v. Public Service Commission, the Court found that based on the economic motivation of the sender, the advertising content of the pamphlets, and their reference to a specified product, the mail could be classified as commercial speech. The Court also held that the governmental interest in prohibiting the pamphlets was insufficient as recipients could easily discard the information if they wished.