To Amend the Antitrust Laws Relative to News-gathering Agencies: Hearings Before Subcommittee No. 2 of the Committee on the Judiciary, House of Representatives, Eightieth Congress, First Session, on H.R. 110, a Bill to Supplement Existing Laws Against Unlawful Restraints and Monopolies, and for Other Purposes, May 1, 2, and 5, 1947U.S. Government Printing Office, 1947 - 96 lappuses Committee Serial No. 7. Considers legislation to provide that the antitrust laws not be construed to prohibit any press service from exercising its discretion in the selection of its customers. |
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admission agreement amended ANGIER L antitrust laws AP members AP membership AP service AP's apply ARNOLD asset value Asso Associated Press service Attorney Blohm BRYSON bylaws Canadian Press Chairman Chicago Sun Chicago Tribune combination commerce committee competing competition competitors Congress cooperative Court decision daily DEAR decree defendants effect enforcement enterprise exclusive contract exclusive right fact franchise freedom furnish gathering Government GWYNNE illegal impossible industry injunction International News Service International Typographical Union Jersey City Justice Roberts KIMBLE LANE Learned Hand legislation Mason bill member newspaper monopoly news-gathering agencies newspaper business nonmembers operate organization paper percent present press service companies provisions public utility purpose question reason reports restrain trade restraint of trade restrictions rival sell Sherman Act small newspapers statement summary judgment supra Supreme Court tion Typographical Union United Press unlawful unreasonable restraint violate the Sherman vote WALTER York
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10. lappuse - So far as the requirement of due process is concerned, and in the absence of other constitutional restriction, a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare, and to enforce that policy by legislation adapted to its purpose. The courts are without authority either to declare such policy, or, when it is declared by the legislature, to override it.
77. lappuse - ... means freedom for all and not for some. Freedom to publish is guaranteed by the Constitution but freedom to combine to keep others from publishing is not. Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by private interests. The First Amendment affords not the slightest support for the contention that a combination to restrain trade in news and views has any constitutional immunity.
30. lappuse - The business of the Associated Press is not immune from regulation because it is an agency of the press. The publisher of a newspaper has no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others.
70. lappuse - Press (AP), a cooperative association incorporated under the Membership Corporation Law of the State of New York. Its business is the collection, assembly, and distribution of news.
77. lappuse - It would be strange indeed, however, if the grave concern for freedom of the press which prompted adoption of the First Amendment should be read as a command that the government was without power to protect that freedom.
75. lappuse - The purpose of the Sherman Act is to prohibit monopolies, contracts and combinations which probably would unduly interfere with the free exercise of their rights by those engaged, or who wish to engage, in trade and commerce — in a word to preserve the right of freedom to trade.
86. lappuse - Courts are ill-equipped to make the • investigations which should precede a determination. of the limitations which should be set upon any property right in news or of the circumstances under which news gathered by a private agency should be deemed affected with a public interest. Courts would be powerless to prescribe the detailed regulations essential to full enjoyment of the rights conferred or to introduce the machinery required for enforcement of such regulations, Considerations such as these...
75. lappuse - Nor can we treat this case as though it merely involved a reporter's contract to deliver his news reports exclusively to a single newspaper, or an exclusive agreement as to news between two newspapers in different cities. For such trade restraints might well be "reasonable," and therefore not in violation of the Sherman Act.
77. lappuse - Amendment rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public, that a free press is a condition tion of a free society.
18. lappuse - The net effect is seriously to limit the opportunity of any new paper to enter these cities. Trade restraints of this character, aimed at the destruction of competition, tend to block the initiative which brings newcomers into a field of business and to frustrate the free enterprise system which it was the purpose of the Sherman Act to protect.