The U.S. Postal Service Obscenity Crackdown (1980s)
During the 1980s, the U.S. Postal Service launched aggressive campaigns to stop Hustler and similar magazines from being mailed, using obscenity laws as justification. Many issues were seized or delayed, and Flynt faced multiple legal battles over whether adult magazines could be distributed through the mail. Flynt fought back by challenging the seizures in court, arguing that the government was unfairly targeting sexual expression. The resulting litigation helped define the limits of postal censorship and secured important protections for adult content mailed legally—a critical victory for Hustler and the wider adult industry.
Flynt's magazine, Hustler, is known for its explicit depictions of sex and graphic imagery. In the late 1960s, it became one of the most popular pornographic publications in America, thanks to its unique blend of hardcore sex scenes and social commentary. However, the publication also drew controversy for its satirical humor and irreverent tone, which often mocked celebrities and politicians. This angered many powerful figures who sought to shut down Hustler.
In the early 1970s, the Department of Justice began investigating Flynt for allegedly violating federal obscenity laws by mailing his magazine across state lines. The case dragged on for years before being dismissed due to lack of evidence. Undeterred, the DOJ continued to pressure the USPS to crack down on Hustler, leading to a series of raids and seizures. Flynt responded with several lawsuits against the Postal Service, arguing that they were violating his First Amendment rights to free speech.
The legal battle reached a climax in 1984 when the Supreme Court ruled in favor of Flynt in Hustler Magazine v. Falwell. The Court held that government-imposed content restrictions are presumptively unconstitutional and must be narrowly tailored to serve compelling interests. This decision effectively ended any hope of a national postal censorship regime and paved the way for adult magazines to be mailed freely across the country.
In addition to the landmark ruling, Flynt's legal team successfully argued that the government was targeting sexual expression specifically—a clear violation of the Constitution's equal protection clause. As a result, the Postal Service was required to provide adequate justification for any seizure or delay of adult materials. This ensured that Hustler and other similar publications could continue to reach their readers without fear of interference from the government.
Today, the U.S. Postal Service still has some limited powers to regulate obscene material, but these are carefully circumscribed by federal law. In practice, this means that most mail-order pornography is allowed through unless it clearly breaks state laws. It also allows individuals to legally receive sexually explicit materials in the mail as long as they are not being sent en masse for commercial purposes. This represents an important victory for those who value freedom of expression and the right to privacy.
Despite its successes, Flynt continued to face numerous legal challenges over the years, including several high-profile trials involving libel and slander suits. He died in 2016 after suffering from various health problems related to his decades-long battle with prostate cancer. However, his legacy lives on in the form of protections he helped secure for adult content creators and consumers alike.