Brief Fact Summary. The Appellant, Railway Express Agency (Appellant), brought suit against the Appellee, the State of New York (Appellee). The Appellant argued that a statute prohibiting advertising on vehicles, except for notices upon business delivery vehicles engaged in the regular work of the owner, are unconstitutional for violating the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution (Constitution).
Synopsis of Rule of Law. The Equal Protection Clause does not seek to protect so called discrimination in determining whether allowing advertising on vehicles and not allowing advertising on other vehicles is unconstitutional.
Issue. Whether the statute violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution by allowing advertising of products on a vehicle sold by the owner of the vehicle, versus general advertising on a vehicle, unrelated to products sold by the owner of the vehicle.
Held. Affirmed. The Equal Protection Clause of the Fourteenth Amendment is not violated by this statute that prohibits advertising on vehicles except when the advertising is connected to the owner of the vehicles business.
Concurrence. Where individuals contribute to an evil or danger in the same way and the same degree, may those who do so for hire be prohibited, while those who do so for their own commercial ends, but not for hire be allowed to continue? The answer is that the hiring may be put in a class by himself and may be dealt with differently than those who act on their own, as there is a real difference between doing in self interest and doing for hire. It is one thing to tolerate action from those who act on their own and it is another thing to permit the same action to be promoted for a price.
Such a classification is not based on anything having relation to the purpose for which it is made.View Full Point of Law