Public Utilities Commission v. Pollak

343 U.S. 451
Public Utilities Commission v. Pollak
Argued: March 3, 1952
Decided: May 26, 1952


[Syllabus from pages 451-453 intentionally omitted]

Mr. W. Theodore Pierson, Washington, D.C., for Washington Transit Radio, Inc. and others.

Mr. Paul M. Segal, Washington, D.C., for Pollak and others.

Mr. Justice BURTON delivered the opinion of the Court.

Separate Opinion

Separate Opinion of Mr. Justice BLACK.

I concur in the Court’s holding that this record shows no violation of the Due Process Clause of the Fifth Amendment. I also agree that Capital Transit’s musical programs have not violated the First Amendment. I am of the opinion, however, that subjecting Capital Transit’s passengers to the broadcasting of news, public speeches, views, or propaganda of any kind and by any means would violate the First Amendment. To the extent, if any, that the Court holds the contrary, I dissent.

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