Associated Press v. United States
Encyclopedia
Associated Press v. U.S. 326 U.S. 1 (1945), was a United States Supreme Court
case that held that the Associated Press
(AP) had been violating the Sherman Antitrust Act
by prohibiting member newspapers from selling or providing news (whether that news was supplied by the AP, or was authored by the member newspaper - called "spontaneous" news) to nonmember organizations as well as making it very difficult for nonmember newspapers to join the AP.
Originally there were three separate cases (Associated Press et al. v. U.S., Tribune Company
et al. v. U.S. and U.S. v. Associated Press et al.) that were joined into one when heard at the Supreme Court.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that held that the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
(AP) had been violating the Sherman Antitrust Act
Sherman Antitrust Act
The Sherman Antitrust Act requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by...
by prohibiting member newspapers from selling or providing news (whether that news was supplied by the AP, or was authored by the member newspaper - called "spontaneous" news) to nonmember organizations as well as making it very difficult for nonmember newspapers to join the AP.
Originally there were three separate cases (Associated Press et al. v. U.S., Tribune Company
Tribune Company
The Tribune Company is a large American multimedia corporation based in Chicago, Illinois. It is the nation's second-largest newspaper publisher, with ten daily newspapers and commuter tabloids including Chicago Tribune, Los Angeles Times, Hartford Courant, Orlando Sentinel, South Florida...
et al. v. U.S. and U.S. v. Associated Press et al.) that were joined into one when heard at the Supreme Court.
Issues
- The bylaws of AP at that time, as written, constituted restraint of trade.
- That the AP had not achieved a complete monopoly was irrelevant.
- The First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
did not excuse newspapers from violating the Sherman Antitrust Act. - News, traded between states, counts as interstate commerceCommerce ClauseThe Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
, and thus makes the issue relevant for the Sherman Antitrust Act - Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by private interests (326 U.S. 20).