In the Matter of the Complaint That post cards mailed by

 FRED CHERRY
 Post Office Box 1017,
 Brooklyn, New York

 are nonmailable under 18 U. S. Code 1718 and 39 U. S. Code 4001.  

 P.O.D. Docket No. 2/239

 October 26, 1966

 Reva Beck Bosone Judicial Officer

 POST OFFICE DEPARTMENT,
 Washington, D. C. 20260,

 APPEARANCES:
 Saul J. Mindel, Esq. 
 Office of the General Counsel
 Post Office Department
 Washington, D.C.
 for the Complainant

 Fred Cherry, pro se
 Post Office Box 1017
 Brooklyn, New York Respondent

The above-named Respondent was charged by the General Counsel of the Post Office Department with depositing in the United States mails post cards containing defamatory matter apparently with the purpose of injuriously affecting the character or conduct of another person in violation of Title 39, Section 4001, ¹/ and the provisions of Section 1718, ²/ Title 18, United States Code.

Attached hereto is Appendix 1, Exhibit "A", which shows the writings on the post cards about which the Post Office complains. The Respondent admitted that he sent the post cards and that he knew that what he was doing was in violation of the law, supra. Regardless of this he defended himself by alleging that the statute was unconstitutional, that the law, Title 39 CFR Chapter 1, part 4, section 14.9 was discriminatory and that what he said on the post cards was true.

The issues are simple in this case. Did the Respondent send the post card which contained the writings described in the attached Appendix 1, Exhibit "A", and did he intend that what was said on the post cards that went through the United States mails would reflect injuriously upon the character or conduct of another person?

From studying the transcript, the briefs, the law, and the exhibits, I hereby adopt as the final Departmental Decision the Initial Decision for the reasons therein stated.

An order in accordance with 39 CFR 203.17 is hereby issued.

1/ 4001. Nonmailable matter

(a) Matter, the deposit of which in the mails is punishable under sections 1302, 1341, 1342, 1461, 1463, 1714, 1715, 1716, 1717, or 1718 of title 18, is nonmailable.

(b) Except as provided in section 4002 of this title, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postmaster General directs.

2/ § 1718. Libelous matter on wrappers or envelopes

All matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, or any postal card upon which is written or printed or otherwise impressed or apparent any delineation, epithet, term, or language of libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character or conduct of another, is nonmailable 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 Postmaster General shall prescribe.

Whoever knowingly deposits for mailing or delivery, anything declared by this section 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 not more than $1,000 or imprisoned not more than one year, or both. June 25, 1948, c. 645, 62 Stat. 782.