Railway Express Agency, Inc. v. New York

Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

336 U.S. 106

Dec. 6, 1948

Jan. 31, 1949

Legal Issue

Does New York City’s regulation of advertising on delivery vehicles violate the Equal Protection Clause?

Holding

No, the regulation had a rational basis to support its enactment, so it was not invalid under the Equal Protection Clause of the Fourteenth Amendment.

A Railway Express Agency truck featuring an advertisement | Credit: American Rails

Background

Section 124 of the Traffic Regulations of the City of New York promulgated by the Police Commissioner provides: “No person shall operate, or cause to be operated, in or upon any street an advertising vehicle; provided that nothing herein contained shall prevent the putting of business notices upon business delivery vehicles, so long as such vehicles are engaged in the usual business or regular work of the owner and not used merely or mainly for advertising.”

Railway Express Agency, Inc. (REA) was engaged in a nation-wide express business and operated about 1,900 trucks in New York City. REA sold the space on the exterior sides of their trucks for advertising, which were for the most part unconnected with its own business. REA was convicted in the magistrates court and fined.

Unanimous decision for New York

Railway

New York

Rutledge

Jackson

Black

Reed

Murphy

Douglas

Burton

Frankfurter

Vinson

  • Writing for the Court, Justice William Douglas began by responding to the argument that the regulation’s classification of advertisements for products sold by the truck owner and general advertisements constitutes unequal treatment with no justified purpose. Douglas stated that such a description of the regulation “superficial” because local authorities may have concluded that general advertisements create a larger impact on the traffic problem they sought to address than advertisements not regulated. He added that “[i]t would take a degree of omniscience which we lack to say that such is not the case. If that judgment is correct, the advertising displays that are exempt have less incidence on traffic than those of [Railway Express].” Further, Douglas explained that it’s immaterial that NYC “sees fit to eliminate from traffic this kind of distraction but does not touch what may be even greater ones in a different category, such as the vivid displays on Time Square” because “[i]t is no requirement of equal protection that all evils of the same genus be eradicated or none at all.”

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