Monday, Oct. 17, 1955

Confidential Wins a Round

After Confidential magazine was barred from the U.S. mails (TIME, Sept. 19), the American Civil Liberties Union accused Postmaster General Arthur Summerfield of violating freedom of the press. Last week Federal Judge Luther W. Youngdahl seemed to agree: he tossed out the post office ban against Confidential. The court told post office lawyers that in order to ban any publication in the future, they must first go into court with evidence of obscenity and get a temporary injunction, then give the publishers a formal hearing.

Though Confidential was quick to crow over "a clear victory," Judge Youngdahl gave it no clean bill of health. Instead, he instructed Confidential's editors to turn over the next issue to post office inspectors within 24 hours after it comes off the presses, thus give the post office a chance to review it before it is mailed.

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