I've already taken into consideration the federal issue of propery as it relates to the homeowner and the mailbox. However, this is where it gets tricky.

You see by having the mailbox on our homes we allow the federal gov't access to our property--in turn also provides us federal protection. The mailbox isn't "owned" by the federal government. Placing the box on our home doesn't automatically make it theirs because at any given time I can remove it from my home and have all my mail sent to a PO box.

Here's the twist. These retailers that send all the junk mail are protected by "free speech", but no gov't agency can make anyone give up their rights as well. It's a catch 22 here. Freedom of speech doesn't extend to personal property-but is protected in public forum.

By placing the mailbox on my home--the federal gov't can't legally tell me that now my right as a private property owner to stop another individuals freedom of speech at my property line is waived. That's essentially what's happening, and in turn is a violation of my rights. The retailers are claiming free speech, the gov't can't protect them on private property by taking away my rights as a private property owner just because of the mailbox. There's no paperwork, no waiver signed (because that would be illeagle and against my constitutional rights as well).

It's a real touchy area ya know. I've contacted a reputable law firm in my state, and spoke with a good attorney. The attorney said I made some very valid points that certainly warrant further investigation. I was however told that I'm technically right in that the gov't can't legally force me to waive my right as a property owner to allow protected free speech to extend past my property line.

I'll keep people posted. It's a new area you know. We're trying to tackle the spammers online, but right now--nothing is being done about the spammers outside of the virtual community.

Squeak
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