On The Front Lines

The Rutherford Institute Succeeds in Forcing U.S. Postal Service to Revise Unconstitutional Military Mail Regulations for Individuals

U.S. Post Office Amends 'Anti-Islamic' Prohibition to Affect Only Bulk Mailings

WASHINGTON--The Rutherford Institute has succeeded in forcing the U.S. Postal Service to revise its mailing regulations regarding religious material sent by individuals to American military personnel stationed in the Persian Gulf area. Attorneys for the Institute recently filed a complaint in the U.S. District Court for the District of Columbia on behalf of the free speech, religious and equal protection rights of a U.S. serviceman and his family. The serviceman's family was prevented from mailing religious materials to their son stationed overseas based on a USPS prohibition against the mailing of "any matter containing religious materials contrary to the Islamic faith or depicting nude or seminude persons, pornographic or sexual items, or non-authorized political materials." The revised "Operation Iraqi Freedom Mailing Tips" regulation, which Institute attorneys insist still violates the Establishment Clause of the First Amendment because of its endorsement of the Islamic religion, now prohibits only bulk mailings that fall within that category.

Jack Moody of Lenoir, N.C., recently attempted to mail a package to his son, National Guardsman Daniel R. Moody, currently stationed in the Middle East as part of "Operation Iraqi Freedom." The package contained a Bible study and other Christian religious materials, including a book entitled "God's Promises for Your Every Need" and various Christian comic books. Moody's son requested the materials after experiencing a rekindling of his faith in Iraq. Moody telephoned the local post office to inquire about the procedure for mailing a package to his son overseas. The postal clerk informed Moody that restrictions applied to packages mailed to members of the U.S. military stationed overseas, including a prohibition on "any matter containing religious materials contrary to the Islamic faith." Moody then contacted the postal clerk's supervisor, who confirmed that the U.S. Postal Service would not mail "materials contrary to the Islamic faith." The complaint, filed on April 11, 2003, charges that the U.S. Postal Service regulation violates the family's rights to freely exercise their faith under the First Amendment, Fifth Amendment and Religious Freedom Restoration Act.

"While we are pleased at the postal service's quick response to our complaint, it shouldn't have taken a federal complaint to change these unconstitutional and discriminatory regulations," said John W. Whitehead, president of The Rutherford Institute. "However, we will continue to challenge the equally offensive restrictions on religious bulk mail and 'non-approved' political speech."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.

---

Press Contact

Nisha N. Mohammed
Ph: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed