california transport trucking unlimited argued november decided january respondent highway carriers filed civil action clayton act injunctive relief damages petitioner highway carriers charging petitioners conspired monopolize transportation goods instituting state federal proceedings resist defeat applications respondents acquire transfer register operating rights respondents alleged purpose conspiracy putting competitors business weakening competitors destroying eliminating weakening existing potential competition monopolizing highway common carrier business california elsewhere deterring respondents free unlimited access agencies courts district dismissed complaint failure state cause action appeals reversed held carrier right access administrative agencies courts defeat applications competitors certificates highway carriers purpose eliminate applicant competitor may implicit opposition first amendment rights immunized regulation used integral part conduct violative antitrust laws allegations petitioners combined harass deter respondents free unlimited access agencies courts defeat right massive concerted purposeful group activities established facts violation antitrust laws demonstrated immaterial means used violation may lawful pp affirmed remanded trial douglas wrote opinion burger white marshall blackmun joined stewart filed opinion concurring judgment brennan joined post powell rehnquist took part consideration decision case boris lakusta argued cause petitioners briefs benson john macdonald smith daniel benson michael khourie argued cause filed brief respondents dennis garvey filed brief landmarks holding et al amici curiae opinion justice douglas announced chief justice burger civil suit clayton act stat injunctive relief damages instituted respondents highway carriers operating california petitioners also highway carriers operating within california respondents petitioners words competitors charge petitioners conspired monopolize trade commerce transportation goods violation antitrust laws conspiracy alleged concerted action petitioners institute state federal proceedings resist defeat applications respondents acquire operating rights transfer register rights activities alleged extend rehearings reviews appeals agency decisions matters district dismissed complaint failure state cause action trade cas appeals reversed case petition writ certiorari granted present case akin eastern railroad conference noerr motor freight group trucking companies sued group railroads restrain alleged conspiracy monopolize freight business violation antitrust laws obtain damages held cause action alleged insofar predicated upon mere attempts influence legislative branch passage laws executive branch enforcement rested decision two grounds representative democracy branches government act behalf people large extent whole concept representation depends upon ability people make wishes known representatives hold government retains power act representative capacity yet hold time people freely inform government wishes impute sherman act purpose regulate business activity political activity purpose basis whatever legislative history act right petition one freedoms protected bill rights course lightly impute congress intent invade freedoms philosophy governs approach citizens groups administrative agencies creatures legislature arms executive courts third branch government certainly right petition extends departments government right access courts indeed one aspect right petition see johnson avery ex parte hull conclude destructive rights association petition hold groups common interests may without violating antitrust laws use channels procedures state federal agencies courts advocate causes points view respecting resolution business economic interests competitors said however noerr may instances alleged conspiracy mere sham cover actually nothing attempt interfere directly business relationships competitor application sherman act justified connection complaint present case alleged aim purpose conspiracy putting competitors including plaintiff business weakening competitors destroying eliminating weakening existing potential competition monopolizing highway common carriage business california elsewhere critical allegations lengthy quote elaborate sham theory stating power strategy resources petitioners used harass deter respondents use administrative judicial proceedings deny free unlimited access tribunals result alleged machinery agencies courts effectively closed respondents petitioners indeed became regulators grants rights transfers registrations respondents thereby depleting diminishing value businesses respondents aggrandizing petitioners economic monopoly power see note rev petitioners rely statement pennington noerr shields sherman act concerted effort influence public officials regardless intent purpose present case however allegations conspirators sought influence public officials sought bar competitors meaningful access adjudicatory tribunals usurp decisionmaking process alleged petitioners instituted proceedings actions without probable cause regardless merits cases nature views pressed course determine whether first amendment rights may invoked may bear upon purpose deprive competitors meaningful access agencies courts stated opinion concurring judgment purpose intent shown discourage ultimately prevent respondents invoking processes administrative agencies courts thus fall within exception noerr political campaign operated railroads noerr obtain legislation crippling truckers employed deception misrepresentation unethical tactics said congress traditionally exercised extreme caution legislating respect problems relating conduct political activities caution reflected decisions interpreting legislation caution go naught permitted extension sherman act regulate activities nature simply activities commercial impact involve conduct termed unethical many forms illegal reprehensible practice may corrupt administrative judicial processes may result antitrust violations misrepresentations condoned political arena immunized used adjudicatory process opponents agencies courts often think poorly tactics motions defenses may readily call baseless one claim agency may think baseless may go unnoticed pattern baseless repetitive claims may emerge leads factfinder conclude administrative judicial processes abused may difficult line discern draw drawn case established abuse processes produced illegal result effectively barring respondents access agencies courts insofar administrative judicial processes involved actions kind acquire immunity seeking refuge umbrella political expression petitioners course right access agencies courts heard applications sought competitive highway carriers right indicated part right petition protected first amendment yet necessarily give immunity antitrust laws well settled first amendment rights immunized regulation used integral part conduct violates valid statute giboney empire storage case missouri enacted statute banning secondary boycotts sustained injunction picketing enforce boycott saying true agreements course conduct instances brought speaking writing never deemed abridgment freedom speech press make course conduct illegal merely conduct part initiated evidenced carried means language either spoken written printed expansive interpretation constitutional guaranties speech press make practically impossible ever enforce laws agreements restraint trade well many agreements conspiracies deemed injurious society surely command government shall impede free flow ideas afford combinations refuge impose restraints upon constitutionally guaranteed freedom freedom publish means freedom freedom publish guaranteed constitution freedom combine keep others publishing freedom press governmental interference first amendment sanction repression freedom private interests rationale cases applied instant controversy makes following conclusions clear carrier right access agencies courts within limits course prescribed procedures order defeat applications competitors certificates highway carriers purpose eliminate applicant competitor denying free meaningful access agencies courts may implicit opposition first amendment rights may used means pretext achieving substantive evils see naacp button legislature power control certainly constitutionality antitrust laws open debate combination entrepreneurs harass deter competitors free unlimited access agencies courts defeat right massive concerted purposeful activities group ways building one empire destroying another stated opinion concurring judgment essence parts complaint refer facts proved violation antitrust laws established end result unlawful matters means used violation may lawful proof show known district granted motion dismiss complaint must course take allegations complaint face value purposes motion walker process equipment food machinery chemical face allegations come within sham exception noerr case adapted adjudicatory process accordingly affirm appeals remand case trial ordered justice stewart justice brennan joins concurring judgment noerr case held unanimous opinion written justice black conspiracy railroads influence legislative executive action order destroy competition truckers freight business wholly immune antitrust laws conclusion held required order preserve informed operation governmental processes protect right petition guaranteed first amendment today retreats noerr process tramples upon important first amendment values reason join opinion noerr defendants joined together effort induce legislative executive action complaint alleges defendants petitioners joined induce administrative judicial action difference type governmental body might make difference applicability antitrust laws petitioners made misrepresentations fact law tribunals engaged perjury fraud bribery contrary implications opinion case allegations whatever conduct part petitioners absence conduct see difference far antitrust laws first amendment concerned trying influence executive legislative bodies trying influence administrative judicial bodies naacp button brotherhood railroad trainmen virginia bar mine workers illinois state bar transportation union state bar michigan concedes petitioners right access agencies courts heard applications sought competitive highway carriers part right petition protected first amendment yet says joint agreement exercise right necessarily give immunity antitrust laws ante difficult imagine statement totally odds noerr case explicitly held joint exercise constitutional right petition given immunity antitrust laws disagreeing opinion nonetheless remand case district trial complaint contains allegations petitioners agreed jointly finance carry publicize consistent systematic uninterrupted program opposing without probable cause regardless merits every application insignificant exceptions additional operating rights registration transfer operating rights california puc icc courts appeal carried agreement appearing protestants proceedings instituted plaintiffs others like position instituting complaints opposition applications transfers registrations establishing trust fund finance foregoing consisting contributions monthly amounts proportionate defendant annual gross income publicizing making known plaintiffs others like position foregoing program basis concur judgment footnotes see also mine workers pennington conclusion held corollary decisions rock royal parker brown holding monopoly restraint trade result valid governmental action antitrust violation noerr emphasized defendants unethical conduct affect antitrust immunity jointly exerting pressure legislative executive branches see however walker process equipment food machinery chemical