All mailable items placed in a mailbox must have postage--that includes flyers.
Regarding flyers in mailboxes, the rule of law is this: If it can be mailed, it must have a postage stamp. It is not the placement of fliers in mailboxes that is illegal, it is the placement of any items on which postage has not been paid. Title 18, section 1725 of the U.S. Code is commonly known as the "mailbox restriction."
Title 18: Mailbox Restriction
Mail slots in doors are exempt from this law.
The U.S. Code for crimes and criminal procedure prohibits the placement of unstamped flyers in any mailbox. Title 18, section 1725 states that any person who knowingly deposits "mailable matter" without postage in an established letter box shall be subject to a fine. Circulars and sale bills are specifically prohibited in the document, as indexed by the Legal Information Institute of Cornell University. The Government Accountability Office reports that fines may be as high as $5,000 per occurrence for individuals and $10,000 per occurrence for organizations.
This law is commonly known as the "mailbox restriction." Mail slots in residential doors are not covered under postal policy or the statute, because they provide direct access into the home itself.
USPS v. Council of Greenburg Civic Associations
The Supreme Court upheld the mailbox restriction in 1981.
According to Justia's U.S. Supreme Court Center, a 1981 ruling held that section 1725 does not violate First Amendment rights to freedom of speech. It does not regulate the content of material placed in mailboxes. The court ruled that postal customers agree to abide by USPS regulations in exchange for delivery services.
This ruling upheld the enforcement of this federal law by reversing an earlier decision made by New York's District Court, which found in favor of civic associations placing unstamped flyers in home mailboxes.
Section 1725 Under Review
This law was thoroughly reviewed in the late 1990s.
According to the General Accounting Office (GAO), Congress first enacted Chapter 8, section 1725 in the year 1934. In 1997, a House subcommittee formally placed the law under review.
The GAO provided a comprehensive 60-page report. It addressed the history, public views, opinions of USPS officials, and practices in other countries regarding mailbox access The law was not altered or repealed.
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