associated press argued decided june rehearing denied see john cahill new york city associated press howard ellis chicago tribune others charles rugg boston wendell berge asst atty justice black delivered opinion publishers newspapers members associated press ap cooperative association incorporated membership corporations law state new york business collection assembly distribution news news distributes originally obtained direct employees association employees member newspapers employees foreign independent news agencies ap contractual relations canadian press distribution news made interstate channels communication various newspaper members association pay assessment plan contemplates profit ap filed bill federal district injunction ap defendants charging violated sherman act stat note acts conduct constituted combination conspiracy restraint trade commerce news among attempt monopolize part trade heart government charge appellants concerted action set system prohibited ap members selling news granted member powers block competitors membership ap members assented context admitted facts charged violation sherman act charge related contract ap canadian press news agency canada similar ap canadian agency ap obligated furnish news exclusively district composed three judges held unlawfully restricted admission ap membership violated sherman act insofar laws provisions cloted member powers impose dispense conditions upon admission business competitor continued observance enjoined held canadian contract integral part restrictive membership conditions enjoined observance pending abandonment membership restrictions government motion summary judgment rule rules civil granted prayer relief granted part denied part sides brought case us direct appeal sec sec point seems advisable pass upon contention appellants genuine disputes material facts case therefore gone trial assignments error made appellants ap et al relating question erred holding genuine issue parties material fact entering summary judgment plaintiff latter assignment based premise summary proceedings properly utilized case appellants tribune company mccomick one assignment error effect defendants entitled trial genuine issues fact unmentioned findings found defendants render holding unwarranted none appellants pointed disputed facts essential determination validity invalidity contract admitting existence laws contract answers affidavits summary proceedings defended legality restrictive arrangements instance deny ap denied access news ap member publishers reason concerte arrangements appellants denied granted ap members powers impose restrictive conditions upon admission membership competitors making findings entering judgment carefully abstained consideration evidence might possibly dispute agree rule cautiously invoked end parties may always afforded trial bona fide dispute facts sartor arkansas nat gas injury appellants result summary proceedings since reasons indicated restrictive arrangements appellants admitted sufficient justify summary action stage case reaching conclusion summary judgment question unmindful argument newspaper publishers charged combining cooperatively violate sherman act entitled different favorable kind trial procedure persons covered act language sherman act summary judgment statute lends support suggestion single element traditional insistence upon equally fair trial every person discriminatory trial practice stem law goal society legal system established different measures proof trial cases equally intelligent sible defendants charged violating statutes member publishers ap engaged business profit exactly business men sell food steel aluminum anything else people need want see international news service associated press alike covered sherman act fact publisher handles news others handle food shall later point afford publisher peculiar constitutional sanctuary impunity violate laws regulating business practices publisher engages business practices made unlawful sherman act entitled partial immunity reason present danger doctrine courts used protect freedom speak print worship doctrine related case provides protection utterances printed spoken word may subject previous restraint punishment unless expression creates clear present danger bringing substantial evil government power prohibit bridges california formulated protect liberty thought expression degrade clear present danger doctrine fashion shield business publishers engage business practices condemned sherman act consequently hold publishers like others charged violating sherman act subject provisions summary judgment statute means judgments shall rendered publishers others genuine disputes fact material issues accordingly treat cause consider validity contract exclusively basis terms background facts appellants admitted put issue proper focus becomes necessary juncture examine members must consent bound impose upon members certain duties restrictions conduct separate businesses violation severe disciplinary action may taken association board directors may impose fine suspend mem er shall final conclusive member shall right question offending member may also expelled members corporation reason absolute discretion shall deem character prejudicial welfare corporation members justify expulsion action regular members corporation regard shall final shall right appeal review action violation members may thus fined suspended expelled require newspaper member publish ap news regularly whole part shall furnish corporation agents employees news member district area shall determined board directors members prohibited selling furnishing spontaneous news agency publisher except ap require newspaper member conduct business manner news furnished corporations shall made available advance publication joint effect block newspaper opportunity buy news ap publisher members admission membership ap thereby becomes prerequisite obtaining ap news buying news one twelve hundred publishers erection obstacles acquisition membership consequently make difficult impossible get news furnished ap individual members combination american newspaper publishers provide simple road admission applicant board directors case elect applicant without payment money imposition onerous terms striking contrast govern admission ew members compete historically well presently applicants offer competition old members hard road travel appears following facts found district ap originally functioned illinois corporation time existing member association absolute veto power applications publisher competition old member illinois held ap thus operated restraint trade publishing associated press result decision present association organized new york new unqualified veto power illinois ap members changed protest exercised prevented ap directors electing applicants cases old member protest competitor application overruled affirmative vote members ap amended extend right protest members years upon right protest conferred complaints department justice brought investigation amended presently involved leave board directors free elect new members unless applicants compete old members event board act absence consent applicant member competitor old member object admission competitor application must referred regular special meeting association prerequisite election must pay association total amount regular assessments received old members competitive field entire period october first day month preceding date election applicant relinquish exclusive rights applicant may news news picture services requested member competitor field must said news news picture services furnished member members upon terms made available applicant receive majority vote regular members vote person proxy obstacles membership purchase ap news existed competing old member field district found contracts restraint contained provisions designed stifle competition newspaper publishing field also found ap restrictive hindered impeded growth competing newspapers latter finding past effect restrictions challenged inclined think supported undisputed evidence stop labor point found think correctly face without regard past effect constitute restraints trade combinations less unlawful yet resulted restraint agreement combination follow course conduct necessarily restrain monopolize part trade commerce may violate sherman act whether nascent abortive one hand successful asons argument repeated various forms ap yet achieved complete monopoly wholly irrelevant undisputed evidence show however tied hands numerous publishers extent sell part news reach competitors respect find finding possibly challenged ap hindered restrained sale interstate news competed members inability buy news largest news agency one multitude members serious effects publication competitive newspapers presently published restrictions might published future illustrated district finding cities existing newspapers already contracts ap news newspapers contracts press international news service new newspapers requir pay contract holders large sums enter field net effect seriously limit opportunity new paper enter cities trade restraints character aimed destruction competition tend block initiative brings newcomers field business frustrate free enterprise system purpose sherman act protect need pass upon contention trade news carried among interstate commerce associated press national labor relations board ap activities cooperative fall outside sphere business american medical significant congress disired permit cooperatives interfere competitive system business done expressly legislation treat case though merely involved reporter contract deliver news reports exclusively single newspaper exclusive agreement news two newspapers different cities sush trade restraints might well therefore violation sherman act standard oil ann however innocent agreements might standing alone assume quite different aspect utilized essential features program hamper destroy competition light must view case argued restrictive treated beyond prohibitions sherman act since owner property choose associates produced enterprise sagacity efforts ingenuity decide whether sell sell true general sense one dispose property pleases beyond exercise right contracts combinations express implied unduly hinder obstruct free natural flow commerce channels interstate trade bausch lomb sherman act specifically intended prohibit independent businesses becoming common plan bound reduce competitor opportunity buy sell things whic groups compete victory member combination business rivals achieved collective means consistently sherman act practical everyday knowledge attributed individual sagacity hampering business rivals attributed really makes collective power unlawful combination object sale creation product man ingenuity alter principle fashion originators guild federal trade commission obviously fallacious view laws issue instituting program encourage permit full freedom sale disposal property owners rather publishers concerted arrangements pooled power acquire purchase dispose news reports channels commerce also pooled economic news control power exerting power entered agreements district found designed interest preventing competition contended since news agencies sell news violation act overwhelming majority american publishers combine decline sell news minority fact agreement restrain trade inhibit competition objects trade save condemnation sherman act apparent exclusive right publish news given field furnished ap members gives many newspapers competitive advantage rivals conversely newspaper without ap service likely competitive disadvantage district stated secure advantage rivals existed true record shows competing papers gotten along without ap news morning newspapers control total circulation ap news service district unchallenged finding vast intricately reticulated organization largest kind gathering news world chief single source news american press universally agreed great consequence nevertheless asked reverse judgments ground evidence failed show ap reports might attributable sagacity clothed robes indispensability absence said established following chain reasoning ap made news generally available people supplying limited select group publishers various cities therefore said ap member publishers deprived reading public ap news local readers access ap news since need city get buy whatever terms protected market particular newspaper selected public ap members reject contentions proposed test fly face language sherman act previous interpretations moreover make law dead letter fields business law congress consistently maintained essential safeguard kind private competitive business economy country sought maintain restraints trade news less held fall within ban sherman act reference combinations restrain trade outlets sale tiles montague lowry enameled iron ware standard sanitary mfg lumber eastern retail lumber dealers association women clothes fashion originators guild america et al federal trade commission supra motion pictures crescent amusement fashion originator guild case supra combination reality agency prescribes rules regulation restraint interstate commerce provides judicial tribunals determination punishment violations thus upon power national legislature violates statute addyston pipe steel restrictive publishers combination effect completely control association anderson shipowners respect disposition news interstate commerce therefore contractual restraint interstate trade interest preventing competition one usual agreements aid trade commerce may found within sherman act eastern retail lumber dealers association supra said reach conclusion application utility concept newspaper business correct merely hold arrangements combinations designed stifle competition immunized adopting membership device accomplishing purpose finally argument made apply sherman act association publishers constitutes abridgment freedom press guaranteed first amendment perhaps sufficient answer contention refer decisions associated press supra indiana farmer guide publishing prairie farmer publishing strange indeed however grave concern freedom press prompted adoption first amendment read command government without power protect freedom first amendment far providing argument agains application sherman act provides powerful reasons contrary amendment rests assumption widest possible dissemination information diverse antagonistic sources essential welfare public free press condition free society surely command government shall impede free flow ideas afford combinations refuge impose restraints upon constitutionally guaranteed freedom freedom publish means freedom freedom publish guarantted constitution freedom combine keep others publishing freedom press governmental interference first amendment sanction repression freedom private interests first amendment affords slightest support contention combination restrain trade news views constitutional immunity turn decree adjudged imposing restrictions applications membership illegal enjoined defendants observing agreeing observe new amended like purpose effect provided nothing decree prevent adoption associated press new amended restrict admission provided members city morning evening sunday applicant published newspaper america territories shall power impose dispense conditions upon admission shall affirmatively declare effect admission upon ability applicant compete members city shall taken consideration passing upon application appellants argue decree vague indefinite argue impossible association know whether members took consideration competitive situation passing upon applications membership agree decree ambiguous assume ap faithfully carry purpose interpreting decree mean ap news furnished competitors old members without discrimination controlling membership otherwise approve also held taken connection restrictive clauses admissions membership sections violated sherman act prevented service ap news prevented ap members furnishing spontaneous news anyone member association held agreement ap canadian press ap secured exclusive right receive news ports canadian press members also taken connection restrictive membership agreements violation sherman act declined hold agreement canadian press illegal standing consequently enjoined observance temporarily pending ap obedience decree enjoining restrictive membership agreements fi dings justified phase injunction bausch lomb optical supra government appealed refusal hold last mentioned items violation sherman act standing alone government also asks decree district broadened permanently enjoin observance canadian press contract challenged also suggests certain specific terms added decree assure complete eradication ap discrimination competitors members fashioning decree antitrust case way prevent future violations eradicate existing evils matter rests largely discretion crescent amusement supra full exploration facts usually necessary order properly draw decree case government chose present case narrow issues within realm undisputed facts situation thus narrowly presented unable say decree gone furthermore district retained cause proceedings might become necessary government apprehends decree present form prove adequate prevent discriminatory trade restraints newspapers retention cause enable take necessary measures cause decree fully faithfully carried judgment three cases affirmed affirmed justice jackson took part consideration decision case justice douglas concurring join opinion view broader issues injected discussion case add words indicate deem narrow compass decision every exclusive arrangement business commercial field may produce restraint trade manufacturer one retail outlet product may said restrain trade sense retailers prevented dealing commodity degree kind restraint may found wherever reporter gathering news exclusively one newspaper standard oil construed sherman act include every restraint unreasonable starting premise assume violation sherman act newspaper seattle one new york made agency agreement whereby furnish exclusively news reports locality exclusive arrangement though innocent standing alone might part scheme violate sherman act one two respects might part machinery utilized effect restraint trade violation act cf bausch lomb optical think exclusive arrangement employed associated press necessary effect developed opinion associated press aimed competitors associated press members necessary effect hinder impede competition members combination district ordered revised enjoined continuance exclusive arrangement restraint effected eliminated plainly within power well settled feature illegal restraint trade innocent may lawfully used independently established may uprooted along parts illegal arrangement ethyl gasoline univis lens certainly say district abused discretion adopting course interim measure pending revision exclusive arrangement might result growth monoply furnishing news access news gathering distribution news business activities subject sherman act indiana farmers guide pub prairie farmer pub well acts congress regulating interstate commerce associated press national labor relations board district found present stage development associated press monoply character findings challenged appeal taken reached present decision reason discussed opinion tried motion summary judgment decree approve direct associated press serve applicants goes put ban associated press practice discriminating competitiors members field territory entails discontinuance practice future undoing wrong done associated press effects discrimination eliminated freezes membership given level quite different problems presented whether result monopoly violation act distinct issue case monopoly shown exist faced public utility theory much discussed connection case adopted justice frankfurter decrees sherman act directed monopolies customarily designed break dissolve see crescent amusement exceptions thus terminal railroad action brought sherman act dissolve combination among certain railroads serving louis combination acquired control available facilities connecting railroads east bank mississippi west bank held alternative dissolution plan submitted provided equality treatment railroads see great lakes towing appeal dismissed new england fish exchange whether procedure appropriate type case await legislative action cf justice brandeis dissenting opinion international news service associated press considerable question discussion cloud present decision today bearing whatsoever justice frankfurter concurring district properly applied sherman law enjoining defendants continuing enforce existing bylaws restricting membership associated press enjoining enforcement another restrictive forbidding associated press members communicate news nonmembers sustain judgment substantially reasons given judge learned hand associated press essence common agent newspapers various cities throughout country interchange ews paper collects territory gathering editing distributing news member papers collect requires pooled resources historic development agency scope pervasive influence exerts obtaining disseminating information country dependence upon news matters common knowledge abundantly spread upon records international news service associated press associated press national labor relations board see desmond press world affairs chapters ii iii controversy operate substance network agreements among members associated press whereby mobilize interest danger competition present future extent inability obtain associated press serious factor competition papers city member newspaper longer absolute veto power denial facilities associated press service rival paper applying membership practical purposes remain effective barriers admission associated press based solely grounds business competition judge learned hand pointed abatement former absolute veto conditional veto applicant competing existing member means opened membership entitled public interest free exclusion competitive reasons interest paramount although said members direct personal interest keeping applicant rest feel free judge regardless effect admission competitors know time may come faced application competitor leaves open members vote solely may dictate disregards whatever public interest may exist indubitably arrangements whereby members associated press bind one another selling local news exercise power reciprocal invokes help one another keeping competitors membership associated press advantages brings newspaper since associated press enterprise engaged interstate commerce associated press national labor relations board supra plainly agreements restraint commerce ever since sherman law saved stifling literalness rule reason standard oil american tobacco co sufficient find restraint decisive question whether unreasonable restraint depends essence significance restraint relation particular industry compare chicago board trade sure associated press cooperative organization members commercial business profit associated press national labor relations board supra page page addition commercial enterprise relation public interest unlike enterprise pursued profit free press indispensable workings democratic society business press therefore business associated press promo ion truth regarding public matters furnishing basis understanding truth understanding wares like peanuts potatoes incidence restraints upon promotion truth denial access basis understanding calls play considerations different comparable restraints cooperative enterprise merely commercial aspect find entirely agreement judge learned hand exclusively even primarily interests newspaper industry conclusive industry serves one vital general interests dissemination news many different sources many different facets colors possible interest closely akin indeed interest protected first amendment presupposes right conclusions likely gathered multitude tongues kind authoritative selection many always folly staked upon point view wholly irrelevant associated press rival news agencies ordinary commodities agreements curtail supply fix prices violation area free enterprise sherman law designed protect press commercial aspects also subject regulation sherman law indiana farmer guide pub prairie farmer pub freedom enterprise protected sherman law necessarily different aspects relation press case ordinary commercial pursuits interest public flow news trammeled combined interest enjoy unique constitutional position precisely public dependence free press public interest essential vitality democratic government may defeated private restraints less public censorship equally irrelevant objection turns associated press utility deny combination newspapers right treat access pooled resources though regulating membership social club relation restraints upon access news relation access function free press democratic society must obscured specialized notions gathered around legal concept utility short matter district struck clearly restrict commerce conducted associated press restrictions unreasonable offend basic functions constitutionally guaranteed free press serves nation justice roberts dissenting part think judgment reversed respect questions involved might rest discussion judge swan dissenting opinion district novelty importance questions summary disposition opinion however moved state views detail case deals news information matters general interest term defined report recent event report may made one moved curiosity one wishes make practical use newspapers obtain reports publish part business conducted profit proprietor newspaper employs person inquire report engages personal service suppose one deny entitled exclusive use report rendered result service contracts pays suppose one rendering service free contract employer pr duct news furnishes used solely employer imparted another said news result effort investigation recent events every newspaper interested procuring news happenings vicinity maintains staff purpose news may value newspapers published cities outside locality occurrence assume two publishers agreed supply transcript reports received conditioned agreement neither abuse privilege accorded giving away selling furnished joint arrangement objection sherman act assumed although opinion appears hold otherwise arrangement obnoxious sherman act many rather joined think situation different machinery created facilitate exchange news procured participants partnership unincorporated association corporation assume questioned two persons desirous obtaining news may agree employ single reporter staff reporters furnish news agree amongst share expense involved use fruit service give away sell although procedure obvious advantages innocent know opinion whether held inevitable necessary operation necessary consequence arrangement restrain competition trade commerce consequently illegal many expressions opinion seem recognize ap keep members joint expense members employes produced reports world events thus said nonmembers denied access ap news observed news said newspaper opportunity buy news ap publisher members erection obstacles acquisition membership make difficult impossible get news furnished ap expressions stood alone factual basis decision know condemning joint enterprise production news produce intend use exclusive benefit impossible deduce opinion ratio decision understand decision pitched fact ap membership corporation result attained resort contract partnership unincorporated association choice form cooperative enterprise affect nature problem presented ap created accomplish mutual nonprofit basis two objects mentioned purpose stated charter collection interchange greater economy efficiency information intelligence publication newspapers members organization started comparatively modest basis facilitate exchange news reports amongst members grown cooperatively maintained news reporting agency addition reporters agencies collection arrangement editing transmission members news gathered employees others contracts question whether sherman act precludes cooperative arrangement renders participate liable furnish news copy equal terms newspapers desire held must joint arrangement constitutes contract combination conspiracy restraint trade monopolization attempt combination conspiracy monopolize part branch interstate international trade commerce public utility subject regulation ap activities fall within denunciation statute must members combined purpose restrain trade destroying competition even though intent innocent set combination either tends unreasonably restrain fact resulted undue unreasonable restraint free competition trade commerce intended attempted monopolize part branch trade created organization proportions fact monopoly created agency sherman act renders public utility subject regulation notwithstanding guarantees first amendment constitution unable determine possible grounds judgment illegality rested opinion blends mingles statements fact inferences conclusions quotations prior opinions wrested setting context fashion find impossible deduce orderly analysis discussion facts relevant one possible methods violation sherman act avoided view separate consideration disclose lack support finding specific wrongdoing general principle nothing added nothing add something holds true case tedious task separate generalities thus mingled opinion essay discussing one aspect case time limine remembered newspaper proprietors members ap publishers trade buying selling news business publishing newspapers business print inter alia news editorial comment special articles photographs advertisements held joint effort obtain advertising published papers parties arrangement special rates violation sherman act repeatedly held collection information behalf membership unincorporated association furnishing information pay persons association decides shall share violation sherman act think exclusive right use information news copy obtained differs somewhat property rights tiles lumber pipe women fashions motion picture film think information gathered result effort compensation paid gatherer protected property published unauthorized publication another wrong redressible way unauthorized interference one rights tangible property case ap attorney general attorney general pointed proposition ubject qualification must purpose destory competition monopolize matters shall deal hereafter first members ap acting together purpose destroying competition discovered allegation complaint effect made finding deny purpose intent yet read passages opinion found summary judgment record without trial actuated intent opinion agreement combination follow course conduct necessarily restrain monopolize part trade commerce may violate sherman act whether nascent abortive one hand successful take statement suggesting pleadings proof disclose without contradiction ap members agreed combined restrain trade allegation complaint finding record support conclusion cases cited opinion agreements boycott drive competitors business compel merchants deal members group appear inapposite case bar defendants say merely keep members use members activity expenditure produced must confuse intent members size organization two matters seem inextricably blended treatment case differ nature basis decision may urged intent gathered conduct whose actions fact unduly restrained trade heard deny purpose accomplish result conduct sound doctrine leads inquiry actual imposition prohibited restraints second plan operations ap inevitable consequence restraining competition news agencies newspapers necessarily tend fact unreasonably restrain competition question made findings save one dubious import worth quote finding opinion refers growth news agencies fostered extent result restrictions associated press services members restrictions imposed associated press hampered impeded gro th competing news agencies newspapers competitive members associated press italics supplied finding vague fails specify meant restrictions phrase mean membership restrictions mentioned preceding clause opinion furnish additional light finding attacked opinion admits addition record negatives sweeping assumptions indulges respecting effect ap activities opinion members concerted arrangements pooled power acquire purchase dispose news reports channels commerce addition economic news control power exerting power entered agreements district found designed interest preventing competition sentence characteristic opinion first place later appear record presents question power one purchase events history employ someone report sentence mean ap available reporters nation world secondly sentence seems attribute ap sort monopolization newspaper publishing business finally seems attribute finding ap unduly unreasonably restrained trade appear made finding sought another ground base decision moreover facts assumed specifically denied answer contradicted proofs uncontradicted proofs shall later refer show nonmember publishers obtained obtain complete satisfactory news coverage agencies prospered grown without ap news service said opinion obstacles membership tend make difficult obtain news furnished ap members apparent exclusive right ap members gives many newspapers competitive advantage rivals events life open inquire dearth willing inquire report events proper compensation thus must holding concern gathers air sunlight waters sea effort ingenuity something others garnered must make results activity open sells others former competitive advantage exclusive use thus obtained always sense gives competitive advantage less active enterprising opinion seems mean contract however narrow effect however innocent purpose least degree restricts survive attack sherman act concept reasonable restraint restraint limited legitimate protection one property business limited space time affecting engaged given trade free illegality reestablish harsh sweeping effect attributed statute freight association joint traffic association abandoned thirty years ago view ever since maintained statute merely adopted common law concept undue unreasonable restraints trade revert harsh mechanical application act every agreement measure restrains trade notwithstanding tru sm agreement concerning trade illegal ruling made explicit left realm speculation opinion says district found provisions designed stifle competition newspaper publishing field district made finding reached conclusion ap imposed restraint undue unreasonable matter quoted footnotes opinion support gloss places district said opinions formal findings conclusions mere reading demonstrate collateral restraints agreements sale business others like sort permitted enforced common law heretofore sherman well fall condemnation know fact opinion assumes competitors ap suffer inability buy news replete tions cooperative activities ap fact seriously impeded founding growth news gathering agencies ap member news gathering agencies newspapers ap member newspapers many enumeration may illustrated statement well presently applicants offer competition old members hard road travel newspaper without ap service likely competitive disadvantage conclusions without support record findings unsupported finding based upon facts record demonstrated findings district modified criticised overruled establish beyond cavil despite fact ap early field grown great size many reporting agencies established grown two ins comparable ap size scope coverage efficiency additional agencies furnish substantial news reporting services nation total twenty thirty statistics concerning included record evident singly furnish substantial service taken together afford broad coverage competition ap ins widely used newspaper world past growth opportunity expansion contradict th assumption ap unreasonably substantial measure restrained free competition rather success stimulated others enter field compete district found prevent hinder nonmember newspapers obtaining access domestic foreign happenings events newspaper publishers differ comparative value ap services many choose one preference relinquished one service acquired vast newspaper enterprises grown depend services furnished ap include metropolitan newspapers circulations running two hundred thousand million used ap reports outstripped competitors members ap uncontradicted evidence findings district disclose amongst others following significant facts total expenditures ap subsidiaries affiliates ins affiliates thus two competitors found every way comparable ap together expended year ap year ap domestic foreign members domestic foreign subscribers services ins domestic newspaper subscribers foreign subscribers total subscribers two substantial competitors outnumbered ap membership domestic foreign field matter supplying features news pictures news radio stations ins appear least many users ap although proofs findings afford accurate measure comparison many agencies well ins make contracts subscribers exclusive use material subscriber area field ins make known value contracts subscribers terms newspaper area field must pay existing subscriber asset value subscriber contract order obtain service thus agencies recognize exclusive right publish news furnished members subscribers valuable neither respects ap agencies finding evidence provisions work hindrance restraint competition agencies newspapers respects competition newspapers members ap others found newspapers large circulation large municipalities well medium small circulation thriven grown without ap service said motion must take dispute whether general opinion calling service better ap vice versa newspapers given ap service competitors many varying localities fields belong ap patronize one services including ins largest powerful newspapers nation grown without ap service instance cited proposed newspaper unable start compelled suspend publication lack record contradicts assertion opinion proof demonstrates net effect seriously limit opportunity new paper enter cities finding terms made district great bulk material tendered defendants runs counter conclusion certainly summary judgment proceeding draw conclusion averments pro con pleadings affidavits ignore said permissible proceeding bel found present time access news reports one ap ins essential successful conduct substantial newspaper serving general reading public italics supplied true also district found referring three agencies three news agencies ap ranks forefront public reputation esteem whatever may mean means thought best three seem advance argument means ap largest three expenditures also true irrelevant whatever significance finding certainly finding ap restricted limited competition either news agencies newspapers another aspect issue restraint opinion ignores important facts correctly daily morning field ap embraces number circulation fails state serves newspapers representing number circulation respect daily evening field whereas ap members represent number circulation accounts number circulation seen duplication many newspapers take one existing services thus domestic morning english language dailies total circulation total circulation subscribers total circulation subscribers ins domestic daily evening english language newspapers total circulation total circulation subscribers total circulation subscribers ins record indicates large events reported leading agencies differences reports way written inability peruse ap report therefore mean reader fails obtain knowledge happening particular reporter account event finally record contains affidavits must motion summary judgment taken true persons newspaper business lengthy quote general testimony effect ten said service adequate complete thirteen said ap service necessary success newspaper one said newspaper competitive disadvantage lack ap service five testified papers ap membership open elected use competing services september domestic newspapers subscribers members ap fact ap attempt restrain members taking services agencies little wonder district refrained finding ap unduly unreasonably restrained competition news agencies newspapers conclude therefore justification holding operations ap must inevitably result activities fact resulted undue unreasonable restraint free competition branch trade commerce third ap members intended attempted monopolize branch trade already pointed events happening world open men air sunlight agency required report human inquire surely supply reporters less difficult monopolize events reported reached conclusions monopoly required record monopolize dominate furnishing news reports news pictures features newspapers monopolize dominate access original source news monopolize dominate transmission facilities gathering distribution news reports news pictures features opinion means suggest news gathered anyone one monopoly events history ap monopolizes services report news energies efforts employed trained shown submit new concept monopolization namely person materials open creates product hiring persons produce person may determine sell withhold product concept justified public utility theory upon proceeded shall say something later spite quoted conclusions district facts cited opinion negative accuracy must take intends hold pleadings proofs disclose without question intent attempt monopolize quoted finding made ap prevent hinder nonmember newspapers obtaining access domestic foreign news facts figures cited indicate intent attempt absorb entire field news gathering reporting exclude others field take entire field end newspaper combination newspapers obtain reports news paragraph complaint charges attempt monopolize part trade commerce combination conspiracy monopolize answer specifically denies allegation amazing growth competing agencies size seem indicate supposed intent attempt ill served operations ap events room summary judgment proceeding based facts record finding fourth defendants created organization proportions fact monopolize part trade commerce answering inquiry need little refer facts already summarized opinion seeks support holding monopolization referring finding district words vast intricately reticulated organization largest kind gathering news world chief single source news american press universally agreed great consequence may conceded descriptive adjectives ill chosen record support like finding reference ins save phrases kind upon full trial may well evidence produced induce significant findings respect size organization existing news agencies unquestioned size alone bring business organization within condemnation sherman act consideration size equally hold true whether defendant single corporation dealing many persons trade commerce instrumentality set number business enterprises serve cooperative basis argument government seems assume ins independent corporations spite size monopolies attempts monopolize deal arms length patrons whereas something sinister ap deals terms members perceive ap falls within denunciation statute ins equally test significant feature practices one absent others fifth opinion guise enforcing sherman act fact renders ap public utility ject duty serve equal terms must despite disavowal ground decision district made public utility theory sole basis decision unable find support conclusion ap either intended attempted fact unreasonably restrain trade monopolize attempt monopolize part branch trade within decisions interpreting applying sherman act realizing lack support government urges district ground decision sound adopt judge swan dissent sufficiently disposed refer opinion concur without quoting paraphrasing suffice say novel application sherman act treat legislation converting organization neither restrains trade monopolizes holds serve public generally public utility furnishes new sort contrasted pronouncing fiat interest reading competing news agencies newspaper equal service newspapers part ap equity guise injunction shall write requisite regulatory statute government injunction vengeance moreover make new statute decision sherman act deal public utilities may violate act may persons engaged private business act never intended never thought require private corporation holding serve public whose operations neither intended tended unreasonably restrain monopolize trade fulfill duty incident public calling serving applicants equal terms prefer entrust regulatory legislation commerce elected representatives people instead freezing decrees courts less responsive public still believe courts without authority either declare policy declared legislature override courts unfit instruments make implement policy wise judge said case brought ap redress alleged wrong ins ap news make investigations precede determination limitations set upon property right news circumstances news gathered private agency deemed affected public interest courts powerless prescribe detailed regulations essential full enjoyment rights conferred introduce machinery required enforcement regulations considerations lead us decline establish new rule law effort redress newly disclosed wrong although propriety remedy appears clear considerations led conclusion persuasively stated preceding pages cited opinion opinion asserts whatever said adopt reasons decree entered sustains act upon basis restraint monopoly violative prohibitory law think however superficial conclusion fact remains concedes role essayed ordinarily ap operate tutelage ordered submit approval revision unless approves changes restrained contracting members shall disclose news furnishes continuing existing contract relations canadian news agency held apart alleged illegalities innocent legal however may amended whatever judicial blessing may given new text certain every refusal deal newspaper evoke fresh exercise judicial guardianship lawful practices may threatened injunction present decree lever compel obedience respect thought important decree may well result freer competition monopoly ap resulting agency thus force full complete regimentation news service people nation decree approved may well think threatens first step shackling press subvert constitutional freedom print withhold print one reason one interest dictates time comes state freedom state superseded freedom individual print responsible law abuse high privilege protecting freedom confining prescribe conditions one must impart literary product thought research fettering press striking chains existing situation respect radio points moral said field congress imposed regulation contrast press physical channels communication limited chaos result unrestrained unregulated use channels imposing regulation congress refrained restraint ownership news information right use regulation major source information light constitutional guarantee free speech closely jealously examined courts goes far afield citing associated press national labor relations board indiana farmer guide pub prairie farmer publishing justifying decree apart fact policy implementing regulation involved associated press case declared congress made plain opinion freedom publish refrain publishing control news ap entire conduct business save duty deal employees class untouched farmers guide case decided newspapers question engaging interstate commerce newspapers like business enterprises violate sherman act unreasonably restaining monopolizing commerce one state last deny correctness propositions already said case came retried found concert action joint solicitation advertising granting reduced rate placed journals combination violated none provisions act chief justice joins opinion justice murphy dissenting made clear undisputed facts adopting members associated press engaged program hamper destroy competition accept decision reached evidence introduced opinion falls far short proving program hence decision grave implications relative governmental restraint free press dp view situation members associated press entirely within legal rights forming cooperative organization facilities collection exchange news limiting membership therein members incorporated society general rule may extend privilege membership withhold terms see fit exclusive access facilities reports gave members associated press competitive advantage business rivals members alone make advantage unlawful restricting admission business rivals merely trying preserve advantage accrued exercise business sagacity foresight advantage see violation sherman act advantage require associated press share products competitors doctrine discourage competitive enterprise carry laws absurd lengths words combination may within rights although operates prejudice outsiders excludes thus first time today uses sherman act outlaw reasonable competitive advantage gained without benefit evils congress mind enacted statute main issue us record shows complete absence monopoly domination price fixing coercion predatory practices competition eliminated injury public interest apex hosiery leader district unable find otherwise nothing appears save large successful organization attempted protect fruits enterprise use competitors conclude evidence associated press violated sherman act ignore repeated holdings purpose statute maintain free competition interstate commerce eliminate restraints unreasonably inhibit competition ii today also first time sherman act used vehicle affirmative intervention government realm dissemination information government attempt remove erected private combination access reports world news newspapers news agencies engaged business profit beyond dispute undeniable associated press press associations claim immunity application general laws sherman act particular associated press national labor relations board time clear engaged collecting distributing news information rather manufacturing automobiles aluminum gasoline avoid fact escape fact governmental action directly aimed methods conditions collection distribution interference press however differing degree may governmental restraints written spoken utterances tragic history recent years demonstrates far well despotic governments may interfere press means communication eir efforts corrupt public opinion destroy individual dom experience teaches us hesitate creating precedent might lurk even slightest justification interference government matters proof justification need use sherman act liberate remove unreasonable impediments channels news distribution therefore clear unmistakable precedent avoid dangerous one authorizing use sherman act unjustified governmental interference distribution information mean associated press entitled preferential treatment sherman act government must meet higher degree proof statutory violation dealing press dealing field commercial endeavor clear unmistakable proof sherman act violation especially summary judgment procedure followed necessary case failure insist upon compliance standard proof unwise circumstances failure unusually dangerous implications appears reference alleged violation act collect distribute information therefore particularly vigilant reviewing case nature vigilance apparently shared today applied sherman act means allegation government monopoly restraint trade exists business collecting distributing information proved clear evidence full canvas pertinent facts nothing left speculation doubt surmise conjectures probabilities inevitable consequences replace proof actual potential existence monopolies restraints words government entitled enjoin combination conspiracy alleged restraint news dissemination must shown competent evidence combination conspiracy fact resulted restraints inevitably produce actual restraints future full opportunity accorded parties cross examine rebut evidence adduced sides litigation requirements suit sherman act sell food steel furniture cogent reason apparent applying less stringent requirements dealing business press indeed nature newspaper business compelling reason strict adherence requirements possible use sherman act ready vehicle unjustified governmental interference dissemination news thus avoided insistence upon elemental standards proof fairness procedure actual potential dangers interference greatly outweigh public interest destroying abandoned ineffective abortive scheme appears first glance restrain competition among newspapers accordingly unable agree case disposed favor government motion summary judgment issues grave possible consequences uncertain require government prove case probative convincing evidence submitted far admitted facts either inconclusive definitely lean favor contentions associated press admitted facts estimation constitute clear evidence alleged restraint trade justify proposed interference government associated press membership rules underlie distribution associated press dispatches justify conclusion associated press face without regard past effect result unlawful restraints may well restrain trade enjoined unwilling reach conclusion without requiring parties examine facts thoroughly mind dangerous implications inherent situation clarity proof government present iii nub complaint associated press laws allow discrimination condition admission based upon factor applicant competition present member enforce discriminatory exclusion agreement among members agreement found reasonable considered separately words provisions said constitute combination purpose excluding competitors part market within scope agreement hence unreasonable restraint trade within meaning sherman act may conceded provisions face restrictive nature natural effect exclude outside newspapers benefits associated press membership concession prove provisions necessarily unreasonable nature restraint type clearly condemned act may regarded record nothing exercise trader right arbitrarily choose associates protect fruits enterprise use competitors colgate international news service associated press frustration competition might result exercise normal incident trade competitive economy lawful objective business enterprise certainly sherman act designed discourage men combining talents resources order outdo rivals producing better goods services meant foster rather thwart punish successful competition competitive practices emerge unreasonable restraints trade infused additional element unfairness monopoly domination coercion price fixing unreasonable stifling competition factor instance however lies deep unfathomed sea conflicting unproved facts true associated press monopolizes dominates newspaper field provisions might found unreasonable restraints trade unfairness excluding outside newspapers competition manifest see terminal railroad government makes claim fact district specifically found evidence monopoly domination associated press collection distribution news means transmitting news access original sources news brisk rivalry press international news service recognized matters associated press thus power use size exclude receiving obtaining news reports respect basis concluding restrain trade point made fact however associated press largest news agencies ranking forefront public reputation esteem constituting chief single source news american press universally agreed great importance unique value said attach associated press news reports growing fact furnished agency com osed controlled newspapers representing nearly every shade opinion geographical section nation characteristics claimed furnish invaluable guaranty news presented associated press minimum political sectional bias great size extent associated press facilities also purported lend uniqueness reports evidence present state record factors exist make associated press reports superior rival agencies clothe associated press reports robes indispensability competition members hindered restrained unnecessarily perhaps government evidence effect introduced absence evidence however neither policy language sherman act penalizes enterprise sagacity formed news service first rank unique value eyes considerable portion public cooperative organization untinged monopolistic objectionable hue free exceed competitors size excellence without losing right choose members protect unique products use others shown associated press stifled inevitably bound stifle competition newspapers unreasonable manner injure public interest violation sherman act beyond dispute appears primary basis result reached today inability buy news associated press serious effects competing newspapers likely competitive disadvantage even competitive disadvantage circumstances sufficient prove unreasonable stifling competition government yet produced evidence support existence likelihood disadvantage contrary evidence submitted associated press accepted true district demonstrates many newspapers flourished without associated press service successfully competed associated press members proofs also indicate numerous papers actually prefer services news agencies associated press several actually dropped associated press membership become members one news associations moreover complete lack relevant proof justifying conclusion associated press membership policy prevented hindered birth competing newspaper prevented hindered successful operation one caused one discontinued appear record appreciable segment public unduly deprived access world news inability read associated press dispatches newspapers indeed presence associated press newspapers cities competing seem assure public associated press news small cost widespread service associated press covering towns without competing services extent guarantee adequate access dispatches conceivable course adverse effects upon competition upon public something bare possibility required justified sanctioning interference government private dissemination information clear proof competitive advantage also unfair use competitive advantage associated press may possess proof acting stifle competition unreasonably evidence nature moreover unless undisputed thoroughly tested ble cross examination counter evidence issue nature deserves summary disposition thus shown associated press using fix prices news reports coerce newspapers way clear violation sherman act proved certain circumstances conceivably might employed purpose coercing join associated press refrain obtaining news sources cease operations attempt made government allege prove facts existence assumed presuppose unfair destruction competition order justify decree time however cases cited support result reached today relevant situation element coercion unfairness present thus combination montague lowry designed force join price able transact business theretofore done standard sanitary mfg combination formed prohibit sales jobbers thereby tending force join eastern retail lumber dealers retailers combined refused buy wholesalers sold directly consumers result wholesalers compelled cease selling retail combination fashion originators guild federal trade commission organized boycott refused comply program thus narrowing market forcing cease pirating designs finally combination crescent amusement used buying power eliminate competition exhibitors acquire monopoly areas question thus direct authoritative precedent guiding decision case none foregoing cases cited justifies us sanctioning application sherman act unproved assumption particular combination illegally restrain competition face overwhelming evidence contrary cases authority deciding sherman act case motion summary judgment serious doubts exist alleged unreasonableness restraint trade case moreover bids us sanction application sherman act business gathering distributing news eyes closed inevitable implications hazards stand threshold previously unopened door pause long opening lest path made clear dangerous governmental interference future decree type present case necessity undue interference government supported facts reasonable justifiable method liberating newspapers alleged coercive yoke associated press assuring public full access news world danger lies approving decree without insisting upon proof yet produced government unsupported assumptions conjectures public interest competition among newspapers warrant relatively mild decree one also sustain unjust drastic measures blueprint drawn use despot tomorrow since opinion judgment reversed cause remanded district consideration light principles mentioned deem necessary comment detail parts decree discussed time however seems fair state facts presented difficult see justification agreement whereby associated press given exclusive right canadian press news reports associated press thereby given outright monopoly available comprehensive news coverage great nation comparable substitute available matter remaining doubt restriction prevents associated press members making spontaneous local news available rival news agencies lower appears thought provision reasonable considered apart membership restriction present state record prepared disagree although inclined believe provision may well shown unreasonable footnotes number sitting justices concur numbers justice reed justice douglas justice rutledge concur justice frankfurter concurs part opinion discusses district decree concurs judgment affirmance separate opinion rule provides party seeking recover upon claim counterclaim obtain declaratory judgment may time pleading answer thereto served move without supporting affidavits summary judgment favor upon part thereof judgment sought shall rendered forthwith pleadings depositions admissions file together affidavits show except amount damages genuine issue material fact moving party entitled judgment matter law directors power punish elected members member equal voting privileges election grant one additional vote ap bonds held member means election directors owner bond cast votes member owns bonds members however restrictive provisions equal amount bonds members owned blocks bonds face value totaling outstanding bonds found undisputed evidence bondholder vote rather membership vote controls selection ap directors directors power apportion among members expenses collecting distributing news levy assessments upon members apportionment levy provide shall right question action board directors respect apportionment assessments either appeal meeting members otherwise action directors taken shall final conclusive another provides news member shall furnish herein required shall news spontaneous origin shall include news spontaneous origin originated deliberate individual enterprise part member newspaper specified member certificate membership found daily english language newspapers published total circulation circulation joint contractual obligations apply either ap news nonmember ap terms new applicant entered morning field new york without paying chicago entering evening field cities cost respectively ap effect agreements members one restricts ap transmission news members restricts member transmitting news association contracts restraint commerce restrict commerce limit members freedom relay news others either news learn learn collectively ap agent associated press district found among news gathering agencies ap ranked forefront public reputation esteem chief single source news american press universally agreed great importance combination ap owners acted together purpose using news gathering facilities individual publishers combination news made available members denied others restrictive observed carried applied practice declared conditions old members impose upon new applicants membership designed interests preventing competition requirement payments new members competing old members also designed compensate competitors loss value membership arising applicant improved position competitor pointed restrictive provisions deterrent might complete bar admission membership finding follows growth news agencies fostered extent result restrictions associated press services members restrictions imposed associated press hampered impeded growth competing news agencies newspapers competitive members associated press opinion findings whole show restrictions found hampered competition relating admissions membership ap restraints upon member freedom sell news oil see also trenton potteries fashion originators guild america et al federal trade commission patten paramount famous lasky standard oil district found fact practically impossible one newspaper alone establish maintain organization requisite collecting news world substantial part thereof aside administrative organization difficulties thereof financial cost great single newspaper acting alone sustain ins make value contracts another newspaper wishes obtain press services newcomer shall pay competitor holding ins contract stipulated value paramount famous lasky supra quoted colgate following effect purpose sherman act prohibit monopolies contracts combinations probably unduly interfere free exercise rights engaged wish engage trade word preserve right freedom trade see farm cooperatives labor organizations see also latter apex hosiery leader argued decision board trade christie grain stock requires holding arrangements consistent sherman act case board trade gathered prices sales grain future delivery sold agreements forbidding purchasers reveal board trade filed suit prevent purchasers breaking agreement transmitting statistics shop place used basis bets illegal contracts page page said opinion statistics nature secret opinion stated board collection statistical information entitled protection laws right keep rights communicating result persons even many confidential relations contract make public strangers trust restrained getting knowledge inducing breach trust using knowledge obtained breach course one created acquired something value general right use according dictates discretion right ownership measured limitations law sherman act obviously restricts free untrammeled use property public interest clear pointed instance character property rights argument contrary expressly rejected fashion originators guild federal trade commission supra furthermore contracts involved christie case relied cause action found contracts show purpose deny sale statistics board trade whether contractual restriction violated sherman act refused decide instant case pointed individual publishers ap bound furnish news deny others two later cases repeated statement right one gathered statistics sell conditions neither however decided restrictive arrangements appear instant case constitute unreasonable restraints trade moore new york cotton exchange hunt new york cotton exchange even additional purposes involved justify combination since sherman act nnot evaded good motives law measure right wrong permits forbids judgment courts set supposed accommodation policy good intention parties may good results standard sanitary mfg oil supra said paramount famous lasky supra order establish violation sherman act necessary show challenged arrangement suppresses competition parties parties discontented arrangement interest public preservation competition primary consideration fashion originators guild federal trade commission supra said determinative considering policy sherman act petitioners may yet achieved complete monopoly sufficient really tends end deprive public advantages flow free competition knight addyston pipe steel see also apex hosiery leader district pointed relative word one means possession something absolutely necessary conduct activity except exclusive possession natural resource without activity impossible monopolies like patents give control means production substitute possessor enjoys advantage competitors seldom shut altogether monopoly measured handicap impose yet advantage alone may make monopoly unlawful possible instance conduct kind newspaper without news service whatever nobody maintain ap news service existence members keep wholly reduce papers news gather efforts associated press argued decree interferes freedom print one reason one interest dictates decree compel ap members permit publication anything tells published provides permitted publication news shall financial advantage unlawfully combine limit publication compulsion print appears record found previously set compel members association print ap news subject fine expulsion membership association argument drawn congressional exemption farmers operatives sweep sherman act falls short since operatives often mere joint purchasing agencies things needed used members marketing agencies may thought restrain commerce tend toward monopoly safeguard latter sort activity exemption granted enterprise otherwise free objection carries monopolistic menace condemned undue restraint appalachian coals prairie farmer publishing indiana farmer guide pub certiorari denied rehearing denied board trade christie grain stock hunt new york cotton exchange new york exchange moore new york cotton exchange international news service associated press violation act group newspapers form association collect distribute news common benefit end agree furnish news collected association provided attempt made prevent members purchasing otherwise obtaining news rival agencies true corollary must true namely newspapers desiring form maintain organization may determine shall shall associates letter attorney general gregory march limited sense found limited competition standard oil american tobacco terminal chicago board trade maple flooring mfrs appalachian coals sugar institute interstate circuit chicago board trade supra appalachian coals supra oregon steam navigation winsor wall cincinnati packet bay general electric bausch lomb optical co ste international harvester nebbia new york international news service associated press see supra note