(a)Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, in violation of sections
2388 of this title or which contains any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States is nonmailable and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
(b)Whoever uses or attempts to use the mails or Postal Service for the transmission of any matter declared by this section to be nonmailable, shall be fined under this title or imprisoned not more than ten years or both.
Based on title 18, U.S.C., 1940 ed., §§ 343,
346 (June 15, 1917, ch. 30, title XII, §§ 1–3, title XIII, § 1,40 Stat. 230, 231; Mar. 28, 1940, ch. 72, § 9,54 Stat. 80).
Section consolidates said sections
343–345 of title
18, U.S.C., 1940 ed. The provision as to opening letters was incorporated in paragraph (c).
Venue provisions in said section
345 of title
18, U.S.C., 1940 ed., were omitted as covered by section
3237 of this title.
346 of title
18, U.S.C., 1940 ed., defining “United States” was omitted. It is incorporated, however, in section
5 of this title.
References in text to other sections do not include definitive sections. Only those susceptible of violation are cited.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in arrangement, translation, and phraseology.
1994—Subsec. (b). Pub. L. 103–322substituted “fined under this title” for “fined not more than $5,000”.
1990—Pub. L. 101–647struck out “; opening letters” after “nonmailable” in section catchline.
1970—Subsec. (b). Pub. L. 91–375struck out “of the United States” after “Postal Service”.
1960—Subsec. (c). Pub. L. 86–682repealed subsec. (c) which related to the opening of letters, effective Sept. 1, 1960.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) ofPub. L. 91–375, set out as an Effective Date note preceding section
101 of Title
39, Postal Service.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.