Abstract
The framers of the Sherman Act arguably never intended it to be applied to politically motivated boycotts. If they had so intended, however, its application would be confined by constitutional limitations. The United States Supreme Court has found that the overriding concerns of the right to petition and freedom of speech cannot be ignored or impaired in an attempt to enforce antitrust laws. Present standards suggested for dealing with politically and socially motivated boycotts do not adequately deal with these concerns. An alternative approach is to find politically motivated boycotts exempt from the antitrust laws unless they abuse the process through which the boycotters claim to petition the government. Under this analysis, abuse occurs when one party is able to control the process to the disadvantage of its political opponent.
Recommended Citation
McHugh, Carolyn B.
(1981)
"Application of the Sherman Act to Politically
Motivated Boycotts-Missouri v. National
Organization for Women, Inc,"
Utah Law Review: Vol. 1981:
No.
3, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1981/iss3/6