Legal Opinion · Dissent

International News Service v. Associated Press

Supreme Court of the United States

Decided January 7, 1919No. 221Published

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. Facts are public and not private property. Davies v. Bowes, 209 Fed. Rep.- 53, 56; Tribune Co. v. Illinois Publishing Co., 76 Publishers’ Weekly, 643, -947; Thompson Co.,v. American Law Book Co., .122 Fed. Rep. 922; West Pub. Co. v. Thompson Co., 176 Fed.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. Facts are public and not private property. Davies v. Bowes, 209 Fed. Rep.- 53, 56; Tribune Co. v. Illinois Publishing Co., 76 Publishers’ Weekly, 643, -947; Thompson Co.,v. American Law Book Co., .122 Fed. Rep. 922; West Pub. Co. v. Thompson Co., 176 Fed. Rep. 839; Clayton v. Stone, 2 Paine, 382; Baker v. Selden, 101 U. S. 99. As respondent does not copyright its news, and as the decree is not grounded on any statutory right, respondent must stand or fall on a common-law right. Its position…

1Dissent

Mr. Justice Brandéis

dissenting.

There are published in the United States about 2,500 daily papers.1 More than 800 of them are supplied with domestic and foreign news of general interest by the Associated Press — a corporation without capital stock which does not sell news or earn or seek to earn profits, but serves merely as an instrumentality by means of which these papers supply themselves at joint expense with such news. Papers not members of the Associated Press depend for their news of general interest largely upon agencies organized for profit.2 Among these agen*249cies is the International…

2Cases cited38 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
  3. Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
  4. Canal Co. v. ClarkSupreme Court of the United States · 1872
  5. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901

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