Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
Encyclopedia
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, , is a 1973 decision of the United States Supreme Court
which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising
for job opportunities, against a claim by the parent company of the Pittsburgh Press
that the ordinance violated its First Amendment rights.
of the Pittsburgh chapter of the National Organization of Women filed a complaint with the Pittsburgh Commission on Human Relations, in which it argued that the practice of the Pittsburgh Press
of advertising help wanted classified advertising under headings of "help wanted-male" and "help wanted-female" was discriminatory. Evidence from Gerald Gardner
quantified the discriminatory nature of the advertising, showing that fewer jobs and ones with lower pay were being offered for women.
that is excluded from protections of freedom of speech and of the press offered under the First Amendment. Sex-segregated advertising was made illegal under the ordinance passed in Pittsburgh, and would be no more permissible that advertisements for prostitutes or drugs that would not be ameliorated by the fact that a newspaper advertised them under the headings "prostitutes wanted" or "narcotics for sale". In the same way, an advertiser who placed ads seeking male applicants "is likely to discriminate in his hiring decisions", and the newspaper should be assisting even indirectly in this discriminatory practice by allowing such ads to be printed. Stewart emphasized that the court affirmed "the protection afforded to editorial judgment and to the free expression of views, however controversial" and that it was in no way restricting "stories or commentary by the Pittsburgh Press, its columnists or its contributors".
The dissenting justices raised issues regarding the dangerous precedent on government control of the press, with Associate Justice Potter Stewart
describing the decision as "the first case in this or any other American court that permits a government agency to... dictate the publisher the layout and makeup of the newspaper's pages", expressing his fear that this would not be the last such case once the precedent has been set. After all, once standards on advertising had been set in this decision "what is there to prevent it from dictating the layout of the news pages tomorrow?". Chief Justice Warren Burger's dissent saw the decision setting "a treacherous path" in which the courts decide on "what is to be constitutionally unprotected and therefore subject to governmental regulation.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising
Classified advertising
Classified advertising is a form of advertising which is particularly common in newspapers, online and other periodicals which may be sold or distributed free of charge...
for job opportunities, against a claim by the parent company of the Pittsburgh Press
Pittsburgh Press
The Pittsburgh Press is an online newspaper in Pittsburgh, Pennsylvania, USA, currently owned and operated by the Pittsburgh Post-Gazette. Historically, it was a major afternoon paper...
that the ordinance violated its First Amendment rights.
Background
The case involved an ordinance passed after Wilma Scott HeideWilma Scott Heide
Wilma Scott Heide was an American feminist author and social activist who was a leader in the feminist movement in the United States. Heide was involved in the Pittsburgh Press case that ended the practice of listing separate help wanted ads for men and women, decided in 1973 by the Supreme Court...
of the Pittsburgh chapter of the National Organization of Women filed a complaint with the Pittsburgh Commission on Human Relations, in which it argued that the practice of the Pittsburgh Press
Pittsburgh Press
The Pittsburgh Press is an online newspaper in Pittsburgh, Pennsylvania, USA, currently owned and operated by the Pittsburgh Post-Gazette. Historically, it was a major afternoon paper...
of advertising help wanted classified advertising under headings of "help wanted-male" and "help wanted-female" was discriminatory. Evidence from Gerald Gardner
Gerald Gardner (mathematician)
Gerald Henry Frazier Gardner was an American mathematician, geophysicist and social activist whose statistical analysis led to the banning of classified advertising segregated by gender in a 1973 ruling by the Supreme Court of the United States in the case Pittsburgh Press Co. v. Pittsburgh...
quantified the discriminatory nature of the advertising, showing that fewer jobs and ones with lower pay were being offered for women.
Decision
In his majority decision, Associate Justice Lewis F. Powell ruled that help wanted ads were a form of commercial speechCommercial speech
Commercial Speech is speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product...
that is excluded from protections of freedom of speech and of the press offered under the First Amendment. Sex-segregated advertising was made illegal under the ordinance passed in Pittsburgh, and would be no more permissible that advertisements for prostitutes or drugs that would not be ameliorated by the fact that a newspaper advertised them under the headings "prostitutes wanted" or "narcotics for sale". In the same way, an advertiser who placed ads seeking male applicants "is likely to discriminate in his hiring decisions", and the newspaper should be assisting even indirectly in this discriminatory practice by allowing such ads to be printed. Stewart emphasized that the court affirmed "the protection afforded to editorial judgment and to the free expression of views, however controversial" and that it was in no way restricting "stories or commentary by the Pittsburgh Press, its columnists or its contributors".
The dissenting justices raised issues regarding the dangerous precedent on government control of the press, with Associate Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
describing the decision as "the first case in this or any other American court that permits a government agency to... dictate the publisher the layout and makeup of the newspaper's pages", expressing his fear that this would not be the last such case once the precedent has been set. After all, once standards on advertising had been set in this decision "what is there to prevent it from dictating the layout of the news pages tomorrow?". Chief Justice Warren Burger's dissent saw the decision setting "a treacherous path" in which the courts decide on "what is to be constitutionally unprotected and therefore subject to governmental regulation.