To Amend Antitrust Laws Relative to Exempting Mutual News Gathering Agencies: Hearings Before Subcommittee No. II of the Committee on the Judiciary, House of Representatives, Seventy-ninth Congress, Second Session, on H.R. 6301 : a Bill to Supplement Existing Laws Against Unlawful Restraints and Monopolies, and for Other Purposes, May 23 and June 6, 1946U.S. Government Printing Office, 1946 - 69 lappuses |
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admission agreeing to observe agreement amended American ANGIER L antitrust laws AP's applicant arrangement Asso Attorney Baltimore Sun basis BERGE bill bylaws BYRNE Canadian Press Chairman SUMNERS CHAUNCEY W combination committee commodity competing competition competitors Congress contract cooperative court's opinion CRAVENS deal decision decree defendants Department of Justice dissemination effect enjoined enterprise exclusive existing fact Federal Trade Commission field finding freedom furnish Government illegal injunction interest International Harvester Co International News Service JENNINGS Justice Roberts Kansas Labor Relations Board legislation MASON ment monopoly National Labor Relations news-gathering agencies newspaper publisher old members operate organization paper present press associations press service provisions public utility purpose reason record reports restrain trade restraint of trade restrictive sell Senator REED Sherman Act Sherman Antitrust Act statement statute subcommittee subscribers summary judgment supra Supreme Court thing tion United Press unlawful unreasonable restraint violate the Sherman
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6. 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.
36. 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.
55. lappuse - neither exclusively, nor even primarily, are the interests of the newspaper industry conclusive; for that industry serves one of the most vital of all general interests : the dissemination of news from as many different sources, and with as many different facets and colors as is possible. That interest is closely akin to, if indeed it is not the same as, the interest protected by the First Amendment; it presupposes that right conclusions are more likely to be gathered out of a multitude of tongues,...
45. lappuse - Judgment to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this Final Judgment, or the modification or termination of any of the provisions thereof...
45. lappuse - The publishers of more than 1,200 newspapers are members of the Associated 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.
52. 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.
51. lappuse - And we have since declared that it cannot "be evaded by good motives," the law being "its own measure of right and wrong, of what it permits, or forbids, and the judgment of the courts cannot be set up against it in a supposed accommodation of its policy with the good intention of the parties and, it may be, of some good results.
52. lappuse - That 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 of a free society.
52. lappuse - ... field' shall not be taken into consideration in passing upon its application." Some of appellants argue that this decree is vague and indefinite. They argue that it will be impossible for the Association to know whether or not its members took into consideration the competitive situation in passing upon applications for membership. We cannot agree that the decree is ambiguous. We assume, with the court below, that AP will faithfully carry out its purpose. Interpreting the decree to mean that...
60. lappuse - Conversely, a newspaper without AP service is more than likely to be at a competitive disadvantage. The District Court stated that it was to secure this advantage over rivals that the By-Laws existed. It is true that the record shows that some competing papers have gotten along without AP news, but morning newspapers, which control 96% of the total circulation in the United States, have AP news service.