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CITIZEN PUBLISHING CO. v. U. S.

No. 243.

394 U.S. 131 (1969)

89 S.Ct. 927

22 L.Ed.2d 148

CITIZEN PUBLISHING CO. ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided March 10, 1969.

Attorney(s) appearing for the Case

Richard J. MacLaury argued the cause for appellants. With him on the briefs were Francis N. Marshall, Thomas J. Klitgaard, John L. Donahue, Jr., and George Read Carlock.

Daniel M. Friedman argued the cause for the United States. On the brief were Attorney General Clark, Solicitor General Griswold, Assistant Attorney General Zimmerman, Howard E. Shapiro, Charles D. Mahaffie, Jr., and Gerald A. Connell.

Briefs of amici curiae urging reversal were filed by Arthur B. Hanson for the American Newspaper Publishers Assn., and by Robert L. Stern for a number of newspaper publishers.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Tucson, Arizona, has only two daily newspapers of general circulation, the Star and the Citizen. The Citizen is the oldest, having been founded before 1900, and is an evening paper published six times a week. The Star, slightly younger than the Citizen, has a Sunday as well as a daily issue. Prior to 1940 the two papers vigorously competed with each other. While their...

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