Evening star., 1945-06-19

the Associated Press, whereby they
mobilize the interest of all against
the danger Of competition to each
by a present or future rival-to the
extent that inability to obtain an
Associated Press franchise" is a
serious factor in the competition be-
tween papers in the same city.
While a member newspaper no
longer has an absolute veto power
in the denial of facilities of the
Associated Press service to a rival
paper applying for membership, for
practical purposes there remain ef-
fectlve barriers to admission to the
Press based solely on
grounds Of business competition.
AS Judge Learned Hand has
pointed out, the abatement in the
bylaw from a former absolute veto
to a conditional veto against an ap-
plicant competing with an existing
member "by no means opened mem
bership to all those who would be
entitled to it, if the public has an
interest in its being free from exclu-
sion for competitive reasons, and If
that interest Is paramount. AL
though, as we have said, only few
members will have any direct per-
sonal interest in keeping out an ap-
plicant, the rest will not feel free
to judge him regardless of the effect
OF his admission on his competitors
Each will know that the time NAV
come when he will himself be faced
with the application of a competi-
tor .. A bylaw which leaves it
open to members to vote solely as
their self-interest may dictate dis
regards whatever public interest
may exist"
Reciprocal Self Interest.
1ndubitably, then, we have here
arrangements whereby members OF
the Associated Press bind one an
other from selling local news te
nonmembers and exercise power
which reciprocal self-interest in.
vokes. to help one another in keep.
ing out competitors from member.
ship in the Associated Press, with
all the advantages that it bring.
to newspaper.
Since the Associated Press is al
enterprise engaged in interstat,
commerce, Associated Press v. La
Dor Board. supra, these plainly ar
agreements in restraint of tina
commerce.
To be sure, the Associated Pres
is a cooperative organization o
members who are engaged in ,
commercial business for profit.
Associated Press v. Labor Board
supra at 1913. But In addition t.
being commercial enterprise, il
has relation to the public interest
unlike that Of any other enterprise
pursued for profit.
A free press is indispensable te
the workings of our democratic So
ciety. The business of the press
and therefore the business of the
Associated Press. is the promotion
of truth regarding public matters
by furnishing the basis for an un-
derstanding of them. Truth and
understanding are not wares like
peanuts or potatoes. And so the
incidence of restraints upon the
promotion Of truth through denial
Of access to the basis for under
standing calls into play considera-
tions very different from compare
Bile restraints in a cooperative en-
terpr1se having merely a CONNER
cial aspect.
I find myself entirely in agree.
ment with Judge Learned Hand
that neither exclusively, nor even
primarily are the interests of the
industry conclusive. 70,
that industry serves one of the most
vital of all general interests: The
dissemination Of news from as many
different sources, and with as many
different facets and colors as is
possible. That interest is closely
akin to, If indeed it is not the same
as. the interest protected by the
first amendment; it presuppose.
that right conclusions are more
likely to be gathered out of q
multitude of tongues, than through
any kind of authoritative selection
To many this is, and always viii
be, folly: but we have staked upor
1t our all" 80
The short of the matter is thai
the bylaws which the District Court
has struck down clearly restrict the
commerce which is conducted by the
Associated Press and the restric.
tions are unreasonable because they
offend the basic functions which q
constitutionally guaranteed free
press serves in our nation.