Constitutional Law Keyed to Cohen
Railway Express Agency v. New York
The Appellant operates about 1,900 trucks in New York City and sells space on the exterior of the trucks for advertising. The advertising is for the most part unconnected with its own buisnes. The Appellant was fined for violating a state statute, which prohibits advertisements on the side of vehicles, except when the advestising is connected to the owner of the vehicles business. The statutes purpose was to protect the safety of pedestrians and other vehicle drivers by eliminating distractions on the streets. The judgment of conviction was upheld in the Court of Special Sessions as well as the Court of Appeals. The Appellant argued that this distinction between advertising on vehicles violates the Equal Protection Cluase of the Fourteenth Amendment as the statute draws lines that are not justified by the aim and purpose of the regulation, which is to lessen distractions caused by advertsing.
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