Evening star., 1945-06-19
Justice Murphy's Dissenting Opinion
By the Associated Press.

By the Associated Press.
The partial tert OF Justice
Murphys dissenting opinion IN
the AP case:
If it were made clear by the un-
disputed facts that, by adopting
their bylaws, the members Of the
Associated Press were engaged In q
program to hamper or destroy
competition, I could accept the de-
cision reached by the court. But
the evidence introduced. in my
opinion, falls far short of proving
such program and hence the de-
cision has grave Implications rela-
tive to governmental restraints on
a free press.
As I view the situation, the mem
bers Of the Associated Press were
entirely within their legal rights in
forming cooperative organization
with facilities for the collection and
exchange Of news and in limiting the
membership therein. Members of
an incorporated society, as a general
rule, may extend the privilege of
membership or withhold it on such
terms as they see fit. And If exclu-
sive access to these facilities and
reports gave the members of the
Associated Press competitive ad-
vantage over business rivals who
were not members, that alone would
not make the advantage unlawful.
In restricting the admission of
business rivals they were merely
trying to preserve for themselves an
advantage that had accrued to them
from the exercise of business sa-
gacity and foresight. Such an ad-
vantage. as see 1t, is not a violation
Of the Sherman Act. Nor does this
advantage require the Associated
Press to share its products with
competitors. Such a doctrine would
discourage competitive enterprise
and would carry the antitrust laws
to absurd lengths.
Absence of Evils.
Thus for the first time the court
today uses the Sherman Act to out
law q reasonable competitive sd
vantage gained without the benefit
Of any Of the evils that Congress
had in mind when 1t enacted this
statute. On the main issue before
US, the record shows a complete
absence of any monopoly, domina-
ton, price fixing, coercion or other
predatory practices by which COM
petition is eliminated to the injury
of the public interest.
II.
Today is also the first time that
the Sherman Act has been used as
vehicle for Affirmative interven-
ton by the Government In the
realm Of dissemination Of informa-
ton. AS the Government states,
this Is an attempt to remove bar
riers erected by private combination
against access to reports of world
news"
That newspapers and news agen-
cies are engaged in business for
profit is beyond dispute. And it is
undeniable that the Associated
Press and other press associations
can claim no immunity from the
application Of the general laws or
Of the Sherman Act in particular.
But at the same time it is clear
that they are engaged in collecting
and distributing news and inforna-
ton rather than in manufacturing
automobiles. aluminium or gasoline.
We cannot avoid that fact. Nor
can we escape the fact that govern
mental action directly aimed at the
methods or conditions of such COL
lection or distribution is an inter-
ference with the press, however diff.
fering In degree 1t may be from
governmental restraints on written
or spoken utterances themselves.
Despots and the Press.
The tragic history of recent years
demonstrates far too well how des-
potic governments may interfere
with the press and other means Of
communication in their efforts to
corrupt public opinion and to de.
stroy individual freedom. Expert
ence teaches us to hesitate before
creating a precedent in which might