Postal Service v. Konan · ¶64

Critically, Congress did not have to choose “negligent” as that modifier (or the only modifier).Congress could have, for example, modified “transmission” with both “negligent” and “wrongful.”Doing so would have avoided the problem the majority identifies while also clarifying that both classes of conduct fall within the exception’s scope.Yet Congress elected to immunize negligent conduct alone.Its choice to do so carries significance.It raises the natural inference that Congress intended for at least some intentional wrong- doing related to transmitting mail to fall outside the scope of the exception.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.