Railway Express Agency, Inc. v. New York, 336 U.S. 106 (1949)

Facts

  • New York City adopted a traffic regulation prohibiting operation of “advertising vehicles” on city streets.
  • The regulation exempted vehicles displaying business notices or advertisements for the vehicle owner’s own products, so long as the vehicle was not used mainly for advertising.
  • Railway Express Agency, Inc. operated roughly 1,900 trucks in New York City as part of a nationwide express business.
  • Railway Express sold exterior truck space for paid advertisements largely unrelated to its own business.
  • The City justified the regulation as a traffic-safety measure to reduce distractions to drivers and pedestrians.
  • Railway Express was convicted in a New York magistrate’s court for violating the regulation; intermediate state review sustained the conviction, and the New York Court of Appeals affirmed.

Issues

  1. Whether the regulation violated the Fourteenth Amendment’s Due Process Clause because it lacked a reasonable relation to traffic safety.
  2. Whether the regulation violated the Fourteenth Amendment’s Equal Protection Clause by exempting owner-related advertising while prohibiting other vehicle advertising.

Decision

  • The Supreme Court affirmed the state-court judgment and upheld the conviction.
  • The Court held the regulation did not violate substantive due process because it bore a reasonable relation to the City’s traffic-safety objective.
  • The Court held the classification did not deny equal protection under rational basis review, even though the regulation was underinclusive.
  • Justice Jackson concurred, emphasizing that general application of legal principles is a practical safeguard against arbitrary government.
  • Justice Rutledge concurred in the result while expressing doubt about the equal protection analysis.
  • Under deferential due process review of economic and social regulations, a court does not assess the wisdom of a traffic regulation if it has a reasonable relation to a legitimate public purpose.
  • Under rational basis equal protection review, a government may address a problem incrementally and is not required to regulate every source of a perceived harm at once.
  • A classification survives equal protection review if it is not wholly arbitrary and has a plausible connection to the regulation’s objective, even if it leaves similar conduct unregulated.
  • A distinction between advertising for hire and advertising in the owner’s self-interest may be treated as a “real difference” sufficient to support differential treatment when tied to a legitimate purpose such as traffic safety.

Conclusion

The Court upheld New York City’s restriction on advertising vehicles, concluding that reducing traffic distractions was a legitimate objective and that exempting owner-related notices while prohibiting other advertising was a permissible, underinclusive classification consistent with due process and equal protection.