''Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations'', 413 U.S. 376 (1973), is a 1973 decision of the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

which upheld an ordinance enacted in

Pittsburgh Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Wester ...

that forbids sex-designated

classified advertising Classified advertising is a form of advertising, particularly common in newspapers, online and other periodicals, which may be sold or distributed free of charge. Classified advertisements are much cheaper than larger display advertisements used ...

for job opportunities, against a claim by the parent company of the ''

Pittsburgh Press ''The Pittsburgh Press'' (formerly ''The Pittsburg Press'' and originally ''The Evening Penny Press'') was a major afternoon daily newspaper published in Pittsburgh, Pennsylvania, from 1884 to 1992. At one time, the ''Press'' was the second larg ...

'' that the ordinance violated its First Amendment rights.

Background

The case involved an ordinance passed after

Wilma Scott Heide Wilma Louise Scott Heide (February 26, 1921 – May 8, 1985) was an American author, nurse, and social activist. Born in Ferndale, Pennsylvania, Heide trained as a registered nurse in psychiatry at Brooklyn State Hospital. She began her career ...

of the Pittsburgh chapter of the

National Organization for Women The National Organization for Women (NOW) is an American feminist organization. Founded in 1966, it is legally a 501(c)(4) social welfare organization. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C. It ...

filed a complaint with the Pittsburgh Commission on Human Relations, in which it argued that the practice of the ''

'' of advertising help wanted classified advertising under headings of "help wanted-male" and "help wanted-female" was discriminatory. Evidence from

Gerald Gardner Gerald Brosseau Gardner (13 June 1884 – 12 February 1964), also known by the craft name Scire, was an English Wiccan, as well as an author and an amateur anthropology, anthropologist and archaeology, archaeologist. He was instrumental in bri ...

quantified the discriminatory nature of the advertising, showing that fewer jobs and ones with lower pay were being offered for women.Hopey, Don
"Obituary: Gerald H.F. Gardner / Scientist, teacher, social activist and feminist"
''

Pittsburgh Post-Gazette The ''Pittsburgh Post-Gazette'', also known simply as the PG, is the largest newspaper serving metropolitan Pittsburgh, Pennsylvania. Descended from the ''Pittsburgh Gazette'', established in 1786 as the first newspaper published west of the Alle ...

'', July 27, 2009. Accessed July 29, 2009.

Decision

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

commercial speech In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme ...

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.Staff
"Law on Sex-Labeled Job Ads Is Upheld"
''

The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...

'', June 22, 1973. Accessed July 29, 2009. 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 (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas ...

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 Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...

'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.Staff
"'De-Sexed Ads Ruled for Press"
''

'', June 22, 1973. Accessed July 30, 2009.

References

External links

* {{US1stAmendment, speech, state=expanded United States Supreme Court cases United States Supreme Court cases of the Burger Court United States commercial speech case law 1973 in United States case law Sex segregation National Organization for Women History of women in Pennsylvania