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
Supreme Court of the United States
Argued October 6–7, 1926 Decided February 28, 1927
Full case name	Tyson & Brother v. Banton
Citations	273 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
Majority	Sutherland, joined by Taft, Van Devanter, McReynolds, Butler
Dissent	Holmes, joined by Brandeis
Dissent	Stone, joined by Holmes, Brandeis
Dissent	Sanford
Laws applied
U.S. Const. amend. XIV

Background

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

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

• List of United States Supreme Court cases, volume 273

External links

• Text of Tyson & Brother v. Banton, 273 U.S. 418 (1927) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress