Does sending porn through the mail violate the 1st amendment?
346790
Your question appears malformed. The 1st Amendment, like all of the Bill of Rights, protects individuals "from" particular government action. It does not punish individuals for violations of its provisions.\n\nA person who distributes pornographic materials via the mail is protected by the 1st Amendment freedom of expression from being punished by the government for doing so. \n\nContent vs. Conduct.\n\nGenerally, the government can reasonably regulate the time, place and manner by which expression is conducted as long as the regulations are facially neutral and apply to all expression equally. Furthermore, the regulations must serve a compelling governmental interest and must use the least restrictive means available. \n\nIn the scenario of using the USPS for distribution of pornographic material, vs. other materials, a regulation that purports to regulate only a certain type of content, rather than conduct, would presumptively violate the 1st Amendment and would be declared unconstitutional.\n\nHowever, if for example the only requirement were that the materials be wrapped in brown paper so as to not disclose their content to any inadvertant observer, such as a minor child, prior to reaching the intended recipient, such a regulation would likely be upheld, since it does not impact the actual content of the expression, but only the manner in which it is distributed, and it is narrowly drawn to serve the compelling interest in protecting minors from exposure to pornography.\n\nObscenity.\n\nAnother issue is whether or not the content itself is "obscene" and therefore prohibited, regardless of its method of distribution. Under the Miller test, an expression is obscene if (1) it promotes prurient interests, and (2) it is patently offensive to the local community, and (3) it is lacking any serious literary, artistic, political or scientific value using a national reasonable person standard. So, if the material being distributed is so completely vulgar and useless as to satisfy all three of the above tests, then the government could not only prohibit its distribution, it could prohibit it's manufacture.
943877
The local post office. Opening mail addressed to someone else without permission is a federal offense.
1138712
One must remember that the mail is delivered by the USPS, which while run as a business is a governmental entity.  This means it is protected from lawsuits unless Congress allows them.  I don't think this is an allowed area, but could be wrong.\n\nNext even if it is allowed you would have to prove it was him who did it.  The information could be obtained from a mailing list or other information available on the web.  Next the postal agent can ask if there's a person there by such a name to deliver mail to.  Doing so violates no law, and is designed to ensure mail is delivered only to the person it is supposed to be.  Once asked the rental agent could ask questions thinking someone might be there.  A mail carrier will always be free to ask if someone who has mail addressed to them actually lives at a certain location.  \n\nBottom line, even if a suit were allowed, there is no way to show the information wasn't discussed in the normal process of ensuring mail delivery to it's reciepent.
997078
Yes. You need to know whether your email client would keep a copy in the trash or sent folder.
102484
I guess it's not the file's fault.\nPerhaps the mail adress is not active or plain wrong.
96670
Well, unless you opened an email promising free porn and downloaded the attachment you probably don't have it.  This is how it was spread and propagated itself.  If you are still worried, download a free virus scanner (or update and run the one you have).  If you need one I recommend AVG Free, http://free.grisoft.com/\n\nCan I please assume that you didn't open said email??
841564
a very sad situation but wonder why the minister of the Church couldn't do something about this. what bothers me the most is the confidentiality issue along with others being hurt if the information fell into the wrong hands.\n\nselling these letters on e - bay might cause great personal trauma and harm to those involved. in my opinion these letters should not be sold but prayed over and then either shredded or burned.\n\na legal issue may be involved here depending on the laws rules and mores of the state.
467262
They can't be stopped, but they can be moved to a junk folder.  Depending on how you get your email, set up a junk mail filter, where you can filter mail based on key words that you usually find in the porn emails.  For instance, if you see "sexual" in the subject line a lot, you can tell your filter to take any email that contains "sexual" in the subject line and move it directly to your junk mail folder, as opposed to having it show up in your main inbox.
472596
Hrm...you just gave me a great idea.\n\nI wonder how many scatophiles out there would pay on e-bay for MY poopie panties!\n\nOn second thought, here's an interesting news tidbit:\n\nWednesday, July 10 2002, 14:09\n\nANDERSON, South Carolina - Mail workers in South Carolina discovered a "special" package which lead investigators to an internet business of selling soiled panties.\n\nChristine Vetter pleaded guilty yesterday to federal charges of selling her dirty underwear over the internet to make extra money. South Carolina U.S. Attorney Strom Thumond Jr. released a statement saying Vetter ran an internet business selling the items.\n\nVetter made approximately US $9,000 from November 2000 to March 2002 selling and mailing soiled underwear and other used feminine hygiene and used sex-related goods on the web site while studying at Clemson University.\n\nShe faces a $250,000 fine or 5 years in jail on charges of "mailing indecent and filthy substances."\n\nUS Postal agents decided to investigate further when they found a letter addressed to Vetter which stated that it contained child pornography. Upon opening the letter, no child pornography material was found. According to the contents of the letter, it appears to be a customer of the web site who was not satisfied with what he received from her.\n\nThe web site is not up anymore. (Zone81.com)\n-----\n\nAlso, as a separate issue, if YOU'RE the one who's planning to mail the poop to your prospective clients' enemies, then you're also guilty of another federal offense for harrassing somebody through the mail.
1173597
In some jurisdictions it is legal for anybody who lives at an a address to open mail, regardless of whose name is on the envelope.\nIf such is the case in New Zealand, I recommend a post office box.
855556
communications in email are not protected nor private. so if you admit to commiting a crime to someone in an email. police cn use that email against you.
788945
In the states, no it is not "illegal" to send without a from address.\n\nBut if you are using the US mail to send threatening letters or dangerous substances, even without the From address, the Postal Inspector will investigate and they have a million ways to figure out who sent the letter.
83881
If you are using it at work, yes. they can look at any pages that was on a company computer/ server they can view and it is a legal right. What they cannot do is access your personal mail by hacking it or gaining your password.
232532
Yes, it's unlawful.\nIt's just like I open your mail box (not email) and examine letters you receive, check out who is sending letter to you and what magazine you subscribe, even though I do not open your letters, it's still not legal.
807274
The email would have to be encrypted if sent normally, but would be okay if the files came over a VPN tunnel connection
92601
The laws regarding obscenity charges etc are not even state laws usually but are set at the local level. I live in Georgia with a similar political climate and here there is no police coming to people's homes to check for porn. What I would do though to be safe is sell any such movies online because then what you sell becomes interstate commerce and is only subject to federal law through the interstate commerce clause in the US constitution.
421039
oldest way is to send your self a sealed copy by certified mail and DON"T open it, it is called a mail copyright