Bolger v. Youngs Drug Products Corp.

Youngs Drug Products Corporation manufactured, distributed, and sold condoms under various brand names. Youngs marketed its products primarily through sales to wholesalers. The latter in turn sold them to retailer pharmacists who then provided them to individual customers.

Youngs used different techniques to publicize and promote its products. In conjunction with its wholesalers and retailers, the company decided to undertake a campaign of unsolicited mass mailings to members of the public. It planned to send out fliers promoting condoms and other drugstore products. It also planned to mail purely informational pamphlets discussing the ways in which condoms can help prevent disease and facilitate family planning. These informational pamphlets would mention Youngs only at the end and solely as their sponsor.

Since 1873, federal law had prohibited the mailing of unsolicited advertisements for contraceptives. The postal service warned Youngs that its proposed mailings would violate this law. At Youngs request, the district court issued an injunction voiding the law, because it violated the company's First Amendment rights. The postal service appealed directly to the Supreme Court.