Lawsuit Against U.S. Postal Service Alleges Regulation Preventing Religious Content on Personalized Stamps is Unconstitutional

Postal regulations promote “viewpoint discrimination” by USPS, discriminating against religious speech by citizens at Christmas, throughout the year


PLANO, Texas, Dec. 19, 2019 (GLOBE NEWSWIRE) -- Today, First Liberty Institute, along with its network attorneys from the international law firm of Winston & Strawn, LLP, filed a federal lawsuit against the United States Postal Service (“USPS”) alleging that a 2017 USPS regulation barring “any depiction” of religious content on personalized stamps is unconstitutional.

You can read the complaint here

“Personalized postage stamps do not violate the First Amendment just because they reference religion,” Chad Walker, partner with Winston & Strawn and First Liberty network attorney said.  “Government regulations prohibiting religious speech by Americans offend the First Amendment.”

The lawsuit is filed on behalf of Susan Fletcher, a graphic designer from Plano, TX, motivated to express her faith in everything she does.  Not only does the USPS regulation prevent Susan from creating a stamp involving the most personal thing to her (her faith), it lumps her religion into a category the regulation describes as, “unsuitable for all ages and audiences.” 

“USPS offers its own version of a religious stamp, but, ironically, it will not allow religious Americans to personalize stamps containing an expression of their own religious beliefs for their own use,” said Jeremy Dys, Special Counsel for Litigation and Communications at First Liberty Institute. “This regulation by the USPS not only chills speech, it silences it.” 

Among the designs Fletcher hoped to create were:

  • A Christmas nativity scene recalling the birth of Christ, “Emmanuel, God with us.”
  • The phrase “God Bless Texas” to celebrate Texas Independence Day and reflecting her personal prayer for her home state.
  • A depiction of the empty cross of Christ with the phrase “I am with you always” to celebrate Easter, the most central of Christian holidays.
  • And, a stamp about missionary work—a primary duty of Christians, according to Susan—featuring the words of Christ from Matthew 28, “Go therefore and make disciples.” 

Susan said, “I just want to express my faith in everything I do, at Christmas and all throughout the year.  I am truly saddened that the country I love would keep me from expressing the most important message I could share with others: my faith.”

About First Liberty Institute
First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact Lacey McNiel at media@firstliberty.org or by calling 972-941-4453.

Contact: Lacey McNiel, media@firstliberty.org
Direct: 972-941-4453