Also known as: frank · franks · franked · franking · franking privilege
Written by attorneys · grounded in primary & secondary sources — see below
To affix a signature, stamp, or mark to mail as a substitute for postage under an official privilege.
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Frederick Ferguson prepared a detailed financial statement during his divorce proceedings. He franks the envelope containing the statement before sending it to his spouse's counsel. The court later reviews the mailing process as part of determining whether disclosure was complete.
A physician at a reproductive health clinic franks a letter to a patient confirming an appointment. State officials later seek the correspondence in an enforcement action. The court evaluates whether the franking process affects the privacy protections surrounding the communication.
Corporate officers at Basic Inc. frank a press release containing earnings projections before mailing it to shareholders. Investors later claim the release contained misleading statements. The court examines the timing and method of the franking in assessing reliance on the information.
A congressional staff member franks an official notice regarding a proposed deportation order. The recipient challenges the procedure in federal court. The court considers the franking as part of determining whether proper notice was provided under separation of powers principles.
A laboratory director franks a package containing scientific test results for use in a products liability trial. Opposing counsel moves to exclude the materials. The court assesses the franking method when deciding whether the underlying methodology meets admissibility standards.
A probation officer franks a sealed envelope with a juvenile's case file before forwarding it to the court. The minor's counsel objects to the transmission. The court reviews the franking process in determining whether the standard of proof was properly applied.
To frank mail is to affix an authorized signature or stamp that exempts the item from ordinary postage charges under a recognized privilege.
Certain government officials, including members of Congress, are authorized to frank official correspondence without paying postage.
Franking serves only as a postage substitute and does not alter the evidentiary or substantive content of the enclosed material.
…644; Public Utilities Comm'n v. Pollak , 343 U. S. 451; Monroe v. Pape , 365 U. S. 167; Lanza v. New York , 370 U. S. 139; Frank v. Maryland , 359 U. S. 360; Skinner v. Oklahoma , 316 U. S. 535, 541. These cases bear witness that the right of privacy which presses for recognition here is a legitimate one. The…