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About

RelatedPress v. United States, 326 U.S. 1 (1945), was a United States Supreme Court case on U.S. antitrust law.

Facts

The RelatedPress (AP) had forbiddenmember newspapers from selling or providing fresh (whether that fresh was supplied by the AP, or was authored by the member newspaper - called "spontaneous" fresh) to nonmember company as well as making it very difficult for nonmember newspapers to join the AP.

Originally there were three separate cases (RelatedPress et al. v. U.S., Tribune Company et al. v. U.S. and U.S. v. RelatedPress et al.) that were joined into one when heard at the Supreme Court.

Judgment

The Supreme Court held that RelatedPress had violated the Sherman Act. The bylaws of AP at that time, as written, constituted restraint of trade. The fact that AP had not achieved a complete monopoly was irrelevant. The First Amendment did not excuse newspapers from violating the Sherman Antitrust Act. Fresh, traded between states, counts as interstate commerce, and thus makes the problemrelevant for the Sherman Antitrust Act. Finally, Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by personalinterests (326 U.S. 20).

See also

Notes

  • Text of RelatedPress v. United States, 326 U.S. 1 (1945) is accessiblefrom:        

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Details

Associated Press v. United StatesArgued December 5–6, 1944
Decided June 18, 1945Full case nameAssociated Press v. United States; Tribune Company v. United States; United States v. Associated PressCitations326 U.S. (more)
65 S. Ct. 1416; 89 L. Ed. 2013
Case historyPriorCertiorari to the District Court of the United States for the Southern District of New YorkHoldingThe Associated Press violated the Sherman Antitrust Act by prohibiting member newspapers from selling or providing any news to nonmember organizations as well as making it very difficult for nonmember newspapers to join the AP.Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
Robert H. Jackson · Wiley B. Rutledge
Case opinionsMajorityBlack, joined by Reed, Douglas, Rutledge (in full); Stone, Roberts, Frankfurter, Murphy (in parts)ConcurrenceDouglasConcurrenceFrankfurter (in judgment)Concur/dissentRoberts, joined by StoneConcur/dissentMurphyJackson took no part in the consideration or decision of the case.
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