Court Upholds Postal Service Ban

A recent ruling by a United States District Court Judge will contribute to the scarcity of places to collect signatures for ballot measures and candidates. The ruling upheld the U.S. Postal Service’s (USPS) 1998 policy change prohibiting solicitation of signatures on petitions, polls, or surveys on any USPS property. Regardless of the fact that USPS property is not a private business and is still part of the United States government, the court deemed its sidewalks and parking lots not a public forum. Judge Roberts of the U.S. District Court for the District of Columbia, said “The USPS must compete with the private sector for business...in part, by making attractive to costumers its postal locations where services are provided. Because the government, as much as any other property owner, is allowed to manage its property in such a way as to best carry its business, the significance of USPS' interest in controlling activity on their exterior property must be assessed in light of its business nature and function.” The suit was brought against USPS by a wide range of organizations and citizens from across the political spectrum. The leading Plaintiff in the case, the Initiative and Referendum Institute, argued that the ban is an attack on citizens’ rights to free speech, petition government and work to change policy. This ban could seriously hamper organizations and candidates that must collect signatures for petitions. Signature collection is mandatory for some candidates to be able to run for office, and for organizations to create policy by referendum. While collecting signatures is now prohibited, USPS agreed to allow distribution of leaflets. USPS' change from its original position rendered a favorable opinion by the Judge. In his opinion Roberts wrote, “Because the record now establishes that this content-neutral regulation promotes a significant governmental interest and will leave open ample alternative channels of communication, the defendant’s motion will be granted.”
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