[Congressional Record Volume 143, Number 45 (Wednesday, April 16, 1997)]
[Extensions of Remarks]
[Pages E675-E676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      GRAPHIC POSTCARD ACT OF 1997

                                 ______
                                 

                         HON. NANCY L. JOHNSON

                             of connecticut

                    in the house of representatives

                       Wednesday, April 16, 1997

  Mrs. JOHNSON of Connecticut. Mr. Speaker, today I rise to urge 
support for legislation that I have introduced, the Graphic Postcard 
Act of 1997. My bill, formulated after postcards showing a dismembered 
fetus were sent unsolicited to a number of towns in Connecticut, 
requires that material depicting violent or sexually explicit acts sent 
through the U.S. Postal Service be enclosed in an envelope emblazoned 
with a large print warning.
  It is not unusual for parents to allow small children to open the 
mailbox and examine the contents. Bills, letters, and most 
advertisements pose no threats to young children. Sexually explicit 
material is already required to be covered when sent through the mail.
  The right to free speech is one we all cherish. This legislation will 
not interfere with free speech; it does not prohibit graphic materials 
to be mailed, but instead places a simple requirement on their mailing 
in order to protect children. Like it or not, those responsible for 
these postcards have every legal right to use the U.S. mail to express 
their viewpoints. However, I believe that parents have an equal right 
to protect their children from graphic presentations of frightening or 
violent actions. Requiring an envelope and warning does not infringe on 
the sender's freedom of speech; it simply guarantees protection for our 
Nation's children.
  This is rational action to stop potentially dangerous behavior. 
Hundreds of my constituents have called or written to let me know they 
were outraged by these postcards. The level of violence in our society 
has reached an unprecedented level and is eroding the values that have 
made us a strong society. We have a special obligation to protect young 
hands and eyes from unsuitable material, and this is step one.
  I therefore urge my colleagues to join me in support of the Graphic 
Postcard Act of 1997.

                                H.R. --

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Graphic Postcard Act of 
     1997''.

     SEC. 2. NONMAILABILITY OF CERTAIN MAIL MATTER.

       Section 1463 of title 18, United States Code, is amended--
       (1) in the first paragraph by inserting ``(a)(1)'' before 
     ``All matter'';
       (2) in the second paragraph by inserting ``(2)'' before 
     ``Whoever'' and by striking ``section'' and inserting 
     ``subsection''; and
       (3) by adding at the end the following:
       ``(b)(1) All matter otherwise mailable by law, upon the 
     envelope or outside cover or wrapper of which, and all postal 
     cards upon which, any delineations, epithets, terms, 
     photographs, drawings, visual depictions, or language of a 
     violent or clinically graphic character, or unsuitable for 
     persons under 18 years of age, are written or printed or 
     otherwise impressed or apparent, are non-mailable matter, and 
     shall not be conveyed in the mails nor delivered from any 
     post office nor by any letter carrier, and shall be withdrawn 
     from the mails under such regulations as the Postal Service 
     shall prescribe, except as provided in paragraph (2).
       ``(2) Paragraph (1) shall not apply with respect to any 
     mail matter which is enclosed in an envelope or other outside 
     cover or wrapper which--
       ``(A) bears on its face, in conspicuous and legible type in 
     contrast by typography, layout, or color, in accordance with 
     regulations which the Postal Service shall prescribe, such 
     notice as the Postal Service shall by regulation require as 
     to the nature of the contents of the mailing; and

[[Page E676]]

       ``(B) satisfies such other requirements as the Postal 
     Service may by regulation prescribe in order to carry out the 
     purposes of this subsection.
       ``(3) Whoever knowingly deposits for mailing or delivery, 
     anything declared by this subsection to be nonmailable 
     matter, or knowingly takes the same from the mails for the 
     purpose of circulating or disposing of or aiding in the 
     circulation or disposition of the same, shall be fined under 
     this title or imprisoned not more than 5 years, or both, for 
     the first such offense, and shall be fined under this title 
     or imprisoned not more than 10 years, or both, for each such 
     offense thereafter.''.

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