[2] Citing the First Amendment of the United States Constitution, the CGCA sued the USPS for injunctive relief in February 1977.

However, the United States Court of Appeals, Second Circuit remanded the case on the basis that the dismissal prevented the CGCA from demonstrating alleged constitutional handicaps.

The Court cited Adderley v. Florida and Greer v. Spock to show that "[The] First Amendment does not guarantee access to property simply because it is owned or controlled by the government.

Justice Thurgood Marshall dissented by claiming that the code in question was unconstitutionally vague, as previous decisions regarding protection against mail fraud or privacy invasions, included language specifically proscribing such acts.

Justice John P. Stevens agreed with Marshall's proposal for a less drastic solution, but differed in reasoning in that he viewed the mailbox as private property.