Tyson & Brother v. Banton

Tyson & Brother v. Banton, 273 U.S. 418 (1927), is a US Supreme Court case, concerning the constitutionality of the State of New York imposing restrictions on the price of resold theatre tickets. It has been reversed but is notable for the dissent of Oliver Wendell Holmes.

Tyson & Brother v. Banton
Argued October 6–7, 1926
Decided February 28, 1927
Full case nameTyson & Brother v. Banton
Citations273 U.S. 418 (more)
47 S. Ct. 426; 71 L. Ed. 718; 1927 U.S. LEXIS 707
Court membership
Chief Justice
William H. Taft
Associate Justices
Oliver W. Holmes Jr. · Willis Van Devanter
James C. McReynolds · Louis Brandeis
George Sutherland · Pierce Butler
Edward T. Sanford · Harlan F. Stone
Case opinions
MajoritySutherland, joined by Taft, Van Devanter, McReynolds, Butler
DissentHolmes, joined by Brandeis
DissentStone, joined by Holmes, Brandeis
DissentSanford
Laws applied
U.S. Const. amend. XIV

Background

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A New York state statute limited the resale price of theatre tickets to fifty cents over the initial box office price.

Opinion of the Court

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The majority declared the statute was unconstitutional on grounds of the Fourteenth Amendment, but Oliver Wendell Holmes, Louis Brandeis, Harlan F. Stone, and Edward T. Sanford dissented.

See also

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References

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