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Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations

Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
Seal of the United States Supreme Court.svg
Argued March 20, 1973
Decided June 21, 1973
Full case name Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
Citations 413 U.S. 376 (more)
Prior history Cert. to the Commonwealth Court of Pennsylvania
Holding
A Pittsburgh ordinance, as construed to forbid newspapers to carry sex-designated advertising columns for nonexempt job opportunities, does not violate petitioner's First Amendment rights
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan, Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
Case opinions
Majority Powell, joined by Brennan, Marshall, Rehnquist, White
Dissent Burger
Dissent Douglas
Dissent Stewart, joined by Douglas
Dissent Blackmun

Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376 (1973), 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.

The case involved an ordinance passed after Wilma Scott Heide of the Pittsburgh chapter of the National Organization for 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.

In his majority decision, Associate Justice Lewis F. Powell ruled that help wanted ads were a form of commercial speech 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 than 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".


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