Hugo Black

Name: Watson v. Buck — Opinion of the Court
Author: Hugo Black

Summary

“Watson v. Buck — Opinion of the Court”, is a work by Hugo Black. It explores elements such as statute, combinations and Florida.

Quotes from Watson v. Buck — Opinion of the Court (Hugo Black)

Hugo Black, Watson v. Buck — Opinion of the Court

“ These questions were for the legislature of Florida and it has decided them. And, unless constitutionally valid federal legislation has granted to individual copyright owners the right to combine, the state's power validly to prohibit the proscribed combinations cannot be held non-existent merely because such individuals can preserve their property rights better in combination than they can as individuals. We find nothing in the copyright laws which purports to grant to copyright owners the privilege of combining in violation of otherwise valid state or federal laws. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ A law which is constitutional as applied in one manner may still contravene the Constitution as applied in another. Since all contingencies of attempted enforcement cannot be envisioned in advance of those applications, courts have in the main found it wiser to delay passing upon the constitutionality of all the separate phases of a comprehensive statute until faced with cases involving particular provisions as specifically applied to persons who claim to be injured. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ Passing upon the possible significance of the manifold provisions of a broad statute in advance of efforts to apply the separate provisions is analogous to rendering an advisory opinion upon a statute or a declaratory judgment upon a hypothetical case. It is of course conceivable that a statute might be flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph, and in whatever manner and against whomever an effort might be made to apply it. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ As a matter of fact, as the record stands the right of ASCAP and its co-complaintants to an injunction depends upon this phase of the statute and is not to be determined at all by the validity or invalidity of the particular sections which the court below thought inconsistent with the federal Constitution and the copyright laws passed pursuant to it. The ultimate determinative question, therefore, is whether Florida has the power it exercised to outlaw activities within the state of price fixing combinations composed of copyright owners. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ It is enough for us to say in this case that the phase of Florida's law prohibiting activities of those unlawful combinations described in section 1 of the 1937 act does not contravene the copyright laws of the federal Constitution; that particular attacks upon other specified provisions of the statutes involved are not appropriate for determination in this proceeding; that the court below erred in granting the injunction; and that the bill should have been dismissed. All other questions remain open for consideration and disposition in appropriate proceedings. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ In matters relating to purely intrastate transactions, the state might pass valid regulations to prohibit restraint of trade even if the federal government had no law whatever with reference to similar matters involving interstate transactions.↑ The court below concluded as a matter of law that 'enactment of the said Statute was not necessary to protect, nor does it serve the public interest of the State of Florida. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ The American Society of Composers, Authors and Publishers (ASCAP) , one of the appellants in No. 611 and one of the appellees in No. 610, is a combination which controls the performance rights of a major part of the available supply of copyrighted popular music. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ In broad outline, these cases involve the constitutionality of Florida statutes regulating the business of persons hol ing music copyrights and declaring price-fixing combinations of 'authors, composers, publishers, (and) owners' of such copyrights to be illegal and in restraint of trade. ”

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Source: Wikisource

Hugo Black, Watson v. Buck — Opinion of the Court

“ And there is a complete lack of record evidence or information of any other sort to show any threat to prosecute the complainants or any one else in connection with any specific clause or paragraph of the numerous prohibitions of the acts, subject to a possible exception to be discussed later. ”

Hugo Black

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