ation adopted in 1879 and 1934 Congress has specified certain
conditions upon which a publication shall be admitted to the valuable
second-class mailing privilege, one of which provides as follows: Except
as otherwise provided by law, the conditions upon which a publication
shall be admitted to the second-class are as follows: "* * * _Fourth._
It must be originated and published for the dissemination of information
of a public character, or devoted to literature, the sciences, arts, or
some special industry, and having a legitimate list of subscribers;
* * * nothing herein contained shall be so construed as to admit to the
second-class rate regular publications designed primarily for
advertising purposes, or for free circulation, or for circulation at
nominal rates."[239] In Hannegan _v._ Esquire, Inc.,[240] the Court
sustained an injunction against an order of the Postmaster General which
suspended a permit to Esquire Magazine on the ground that it did not
"contribute to the public good and the public welfare." Said Justice
Douglas for the Court: "* * * a requirement that literature or art
conform to some norm prescribed by an official smacks of an ideology
foreign to our system. The basic values implicit in the requirements of
the Fourth condition can be served only by uncensored distribution of
literature. From the multitude of competing offerings the public will
pick and choose. What seems to one to be trash may have for others
fleeting or even enduring values. But to withdraw the second-class rate
from this publication today because its contents seemed to one official
not good for the public would sanction withdrawal of the second-class
rate tomorrow from another periodical whose social or economic views
seemed harmful to another official. The validity of the obscenity laws
is recognized that the mails may not be used to satisfy all tastes, no
matter how perverted. But Congress has left the Postmaster General with
no power to prescribe standards for the literature or the art which a
mailable periodical disseminates."[241] In Donaldson _v._ Read
Magazine,[242] however, the Court sustained a Court order forbidding the
delivery of mail and money orders to a magazine conducting a puzzle
contest which the Postmaster-General had found to be fraudulent. Freedom
of the press, said the Court, does not include the right to raise money
by deception of the public.

The Rights of Assembly and Petition

The right of petition