On February 25, the First Circuit upheld a Post Office regulation that, in effect, bans petititioning to place a candidate on a ballot on interior Post Office sidewalks. Del Gallo v Parent, 08-1511. The decision is 37 pages long, and was written by Judge Sandra Lynch, a Clinton appointee, and co-signed by Judge Michael Boudin, a Clinton appointee, and Kermit Lipiz, a Bush Sr. appointee.
Technically, the decision does not deal with the Post Office ban on collecting signatures on its interior sidewalks. Instead, it upholds another regulation that bans “campaigning” on postal interior sidewalks. But the decision assumes that petitioning for a candidate is equivalent to campaigning. The decision says that the Post Office needs the regulation because otherwise the public will assume the Post Office supports the candidate who is “campaigning” on its interior sidewalks.
Another case, related directly to the postal ban on all petitioning on its interior sidewalks, called Initiative & Referendum Institute v Postal Service, is still pending in U.S. District Court in the District of Columbia.