Today in Supreme Court History: December 23

International News Service v. Associated Press, 248 U.S. 215 (decided December 23, 1918): wire services can’t steal stories from one another (the Court, creating pre-Erie “federal common law”, held that this was common law misappropriation of property; such a tort in this context has been preempted by the Copyright Act of 1976, see 650 F.3d 876)

Singer Mfg. Co. v. Rahn, 132 U.S. 518 (decided December 23, 1889): sewing machine salesman was agent of employer (even though working on commission) and therefore employer was liable when salesman ran his horse-drawn cart into plaintiff

Capital Square Review and Advisory Board v. Pinette, 510 U.S. 1307 (decided December 23, 1993): denying stay of order forcing state of Ohio to allow Ku Klux Klan to put up a “Latin cross” in front of statehouse because harm already done and it would be removed the next day anyway (upon full appeal the Court held that under First Amendment private parties cannot be prevented from putting up unattended cross on publicly owned square designated by law as forum for public discussion of issues, 515 U.S. 753, 1995) (btw the cross, anchored in temporary fashion in a pail of cement, sure looks like it’s ready to be burnt on the lawn of some black family — look at the photo and judge for yourself — https://www.mtsu.edu/first-amendment/article/734/capitol-square-review-and-advisory-board-v-pinette)