Railway Express Agency, Inc. v. New York, 336 U.S. 106 (1949), was a case before the United States Supreme Court.
The business owner appealed, arguing that the regulation's aim and purpose did not justify unequal treatment on the basis of such a distinction and that the classification had no relation to the traffic problem because a violation turned not on what kind of advertisements were carried on trucks, but on whose trucks they were carried.
In an opinion by Justice Douglas, the Court, without dissent, held that such traffic regulation does not violate the due process and equal protection clauses of the Fourteenth Amendment.
Justice Rutledge acquiesced in the Court's opinion and judgment, but was doubtful on the question of equal protection of the laws.
Justice Jackson concurred, pointing out that while the traffic hazard created by the advertising which is forbidden is in no manner or degree more hazardous than that which is permitted, and hence the differentiation made in the regulation is in no way relevant to its objects, nevertheless, it is permissible, where individuals contribute to an evil in the same way and to the same degree, to distinguish between those who do so for hire and those who do so for their own commercial ends.