Tyson & Brother v. Banton (1927) 273 U.S. 418 is a US Supreme Court case, concerning the constitutionality of the State of New York imposing restrictions on the price of resold theatre tickets. It has been reversed but is notable for the dissent of Oliver Wendell Holmes.

Background

A New York state statute limited the resale price of theatre tickets to fifty cents over the initial box office price.

Opinion of the Court

The majority declared the statute was unconstitutional on grounds of the Fourteenth Amendment

Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

, but Oliver Wendell Holmes, Louis Brandeis

Louis Brandeis

Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...

, Harlan F. Stone, and Edward T. Sanford dissented.