A judge sitting without a jury in the District Court for the Eastern District of Pennsylvania[1] convicted petitioner Ginzburg and three corporations controlled by him upon all 28 counts of an indictment charging violation of the federal obscenity statute, 18 U. S. C. § 1461 (1964 ed.).[2] 224 F. Supp. 129. Each count alleged that a resident of the Eastern District received mailed matter, either one of three publications challenged as obscene, or advertising telling how and where the publications might *465 be obtained. The Court of Appeals for the Third Circuit affirmed, 338 F. 2d 12. We granted certiorari, 380 U. S. 961. We affirm. Since petitioners do not argue that the trial judge misconceived or failed to apply the standards we first enunciated in Roth v. United States, 354 U. S. 476,[3] the only serious question is whether those standards were correctly applied.[4]

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In 1989, Congress adopted legislation that, among other things, prohibited all governmental employees from receiving compensation for their speaking and writing. Lower level executive branch employees who in the past had received compensation for writing and speaking on subjects unrelated to their employment challenged the law, claiming that it unconstitutionally infringed on their First Amendment rights. The district court and appellate court agreed. In Pickering v. Board of Ed. of Township High School Dist., 391 U.S. 563 (1968), the U.S. Supreme Court held that Congress may impose restraints on job-related speech of public employees, even if these restraints would be unconstitutional if applied to non-public employees. When these restraints are challenged, courts must balance the employee's interest in commenting upon matters of public concern against the government's interest in promoting the efficiency of the public services that it performs through its employees.

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