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Constitutional Law Keyed to Stone
Railway Express Agency v. New York
Citation:
336 U.S. 106 (1949)Facts
Railway Express Agency operated approximately 1,900 trucks in New York City as part of its nationwide express business. The company sold advertising space on the exterior sides of these trucks for third-party products unrelated to its own business, including advertisements for Camel Cigarettes, Ringling Brothers and Barnum & Bailey Circus, and radio station WOR. Section 124 of the Traffic Regulations of New York City prohibited the operation of advertising vehicles on city streets but exempted business notices on delivery vehicles engaged in the owner’s regular business. The regulation was promulgated by the Police Commissioner pursuant to powers granted under the New York City Charter to regulate vehicular traffic for public safety. Railway Express was convicted of violating this regulation and challenged its constitutionality on due process, equal protection, and Commerce Clause grounds.
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