Congressional Intervention

In 1955, Hugh Hefner, through Playboy’s in-house publisher, the HMH Publishing Co, took the U. S. Post Office to court, as Postmaster General Arthur Summerfield had banned Playboy from USPS delivery, deeming the magazine “obscene.” Hefner won his case, and Playboy was awarded $100,000 in damages, as well as granted a “B” class permit, which allowed the magazine to operate without risk of censorship. (BBC 2010) Playboy’s legal battles with the government established the magazine as fighting “oppressive oversight,” and, as with its serialization of Fahrenheit 451, marked it as fighting for the freedom of the individual. 

Two years after Hefner’s battle, the Congressional Subcommittee on Constitutional amendments met, intending to outline a bill that would allow each state to set standards for what material could be considered “obscene.” (Congress. Record 1957) Due to the Roth v United States ruling stating that “obscene” materiel was not protected by free speech, states would be able to ban any materiel deemed unsavory in each state. This includes materiel distributed by the U.S. Post Office. Playboy was a tool used by those testifying for and against the status quo, as it was deemed to be “fringe” but not obscene. The significance of this would have been devastating on the country’s freedom of sexual expression. In allowing each state to determine its own definition of obscenity, any form of communication not deemed appropriate would be applicable for censorship. (Congress. Record 1957) 

After several lengthy sessions wherein the committee received statements from several interest groups pushing for or against increased regulation, as well as the Postmaster, the Federal Trade Commission Director, and a review of regulations passed at the local levels to ban such materiel, the committee reached its decision. The committee determined that not only was the proposed regulation “not in the public good,” the Post Office should have its current task of filtering goods revoked, and instead focus on delivering mail quickly, safely, and at a low cost. (Congress. Record 1957) As Playboy is specifically mentioned in the hearings several times, alongside other for-profit publications it is clear that a contributing factor to the rise of Playboy can be attributed to a lessening of governmental overreach during the latter portion of the decade.





What’s important about this determination is why is arose. Although several cases opposed the idea of a constitutional amendment, it is the statement of attorney Milton Bass that the committee rearticulates in its conclusion and closing statement on the issue. Milton argues that “at the present time, the Post Office Department exercises jurisdiction over advertising… whenever the Postmaster General believes that a company’s advertising is false, he may commence a proceeding to review the company for Postal Fraud as well as stop all the companies’ mails, immediately.” (Congress. Record 1957)
 

Milton argues that this, already poses a large threat to businesses, as they cannot trust that the postal system will not suddenly stop their mails, which he likens to “preventing a seller of goods from using the principal highway which connects him with his market.” (Congress. Record 1957) He argues that the proposed amendment would break down the network further, by preventing a company from being able to trust that their goods can be sent across the country without getting held.

These statements are directly echoed in the conclusion by the committee, in their determination that “the balance weighs in favor of the legitimate business concerns who are entitled not be assured that their businesses will not be destroyed by overzealous administrative officials… our system is founded upon the principal that a person is innocent until proven guilty.” (Congress. Record 1957) In pushing for an improved free-market, these two acts by legislative bodies, one by the federal court circuit and the other by Congress, show that through Playboy and other businesses fought to end government censorship, the mindset of the Federal government began to sway to a more open market, allowing the magazine to grow without fear of its distribution becoming halted.