''Grosjean v. American Press Co.'', 297 U.S. 233 (1936), was a decision of the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

over a challenge to a separate sales tax on newspapers with circulation of over 20,000.

Background

U.S. Senator

Huey Long Huey Pierce Long Jr. (August 30, 1893September 10, 1935), nicknamed "the Kingfish", was an American politician who served as the 40th governor of Louisiana from 1928 to 1932 and as a United States senator from 1932 until his assassination ...

received more support in rural areas whereas the larger urban newspapers tended to be more critical of him. In 1934, his political allies levied a 2%

gross receipts tax A gross receipts tax or gross excise tax is a tax on the total gross revenues of a company, regardless of their source. A gross receipts tax is often compared to a sales tax; the difference is that a gross receipts tax is levied upon the seller of ...

in an attempt to tax newspapers critical of him into submission. Nine publishers representing 13 newspapers impacted by the tax sued in federal court.

Decision

The Supreme Court, in a unanimous decision, found the tax unconstitutional. The decision held that states could charge customary taxes on media but higher taxes ran afoul of the

First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

. Specifically, the court found the law similar to the British Stamp Act of 1712 in that it would suppress free speech through taxation and allowing a similar law would be against the clear Founders' Intent of the

Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...

. Justice

George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...

wrote that "the revolution really began when, in 1765, that government sent stamps for newspaper duties to the American colonies.". The case is often cited because it defined corporations as "persons" for purposes of analysis under the

Equal Protection clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...

. The Court stated, "The predominant purpose of the grant of immunity here invoked was to preserve an untrammeled press as a vital source of public information. The newspapers, magazines and other journals of the country, it is safe to say, have shed and continue to shed, more light on the public and business affairs of the nation than any other instrumentality of publicity, and, since informed public opinion is the most potent of all restraints upon misgovernment, the suppression or abridgment of the publicity afforded by a free press cannot be regarded otherwise than with grave concern. The tax here involved is bad not because it takes money from the pockets of the appelles. If that were all, a wholly different question would be presented. It is bad because, in the light of its history and of its present setting, it is seen to be a deliberate and calculated device in the guise of a tax to limit the circulation of information to which the public is entitled in virtue of the constitutional guaranties. A free press stands as one of the great interpreters between the government and the people. To allow it to be fettered is to fetter ourselves."

References

External links

* * United States Free Speech Clause case law United States Supreme Court cases United States Supreme Court cases of the Hughes Court United States taxation and revenue case law 1936 in United States case law Legal history of Louisiana 1936 in Louisiana Sales taxes Huey Long United States equal protection case law Mass media in Louisiana {{SCOTUS-stub

Background

Decision

See also

References

Further reading

External links