18 U.S.C. § 1717
Section 1717 · Letters and writings as nonmailable
Amended 5 times on record
Applied in 8 court decisions — leading case Manual Enterprises, Inc. v. Day (1962)
Most recently applied in United States v. Anzalone (June 1994)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, in violation of sections 499, 506, 793, 794, 915, 954, 956, 957, 960, 964, 1017, 1542, 1543, 1544 or 2388 of this title or which contains any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States is nonmailable and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
(b) Whoever uses or attempts to use the mails or Postal Service for the transmission of any matter declared by this section to be nonmailable, shall be fined under this title or imprisoned not more than ten years or both.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§343, 344, 345, 346 (June 15, 1917, ch. 30, title XII, §§1–3, title XIII, §1, 40 Stat. 230, 231; Mar. 28, 1940, ch. 72, §9, 54 Stat. 80).
Section consolidates said sections 343–345 of title 18, U.S.C., 1940 ed. The provision as to opening letters was incorporated in paragraph (c).
Venue provisions in said section 345 of title 18, U.S.C., 1940 ed., were omitted as covered by section 3237 of this title.
Section 346 of title 18, U.S.C., 1940 ed., defining “United States” was omitted. It is incorporated, however, in section 5 of this title.
References in text to other sections do not include definitive sections. Only those susceptible of violation are cited.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in arrangement, translation, and phraseology.
Amendments
1994—Subsec. (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
1990—Pub. L. 101–647 struck out “; opening letters” after “nonmailable” in section catchline.
1970—Subsec. (b). Pub. L. 91–375 struck out “of the United States” after “Postal Service”.
1960—Subsec. (c). Pub. L. 86–682 repealed subsec. (c) which related to the opening of letters, effective Sept. 1, 1960.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Cross References
Jurisdiction of offenses, see section 3241 of this title.
Seizure and disposition of nonmailable matter, see section 3001 et. seq. of Title 39, Postal Service.