Missouri v. NOW
Citation and Court
620 F.2d 1301 (8th Cir. 1980), United States Court of Appeals for the Eighth Circuit
Facts
The National Organization for Women organized a boycott of states that had not ratified the Equal Rights Amendment, urging supporters not to hold conventions or otherwise spend money in those states. Missouri, one of the targeted states, sued NOW under the Sherman Act, alleging the boycott was a combination in restraint of trade affecting interstate commerce.
Issue
Whether a politically motivated, noncommercial boycott organized to pressure states into ratifying a constitutional amendment is subject to the Sherman Act.
Holding
The Sherman Act does not apply to NOW’s boycott because it was a noncommercial, political boycott aimed at achieving a legislative/political goal, not at suppressing commercial competition.
Rule / Doctrine
The Sherman Act reaches only commercial activity. A boycott organized to advance political objectives — here, ratification of a constitutional amendment — is not commercial activity within the meaning of the Act, even if it has economic effects on the target. Such activity is protected political expression. This reasoning tracks NAACP v. Claiborne Hardware Co. at the circuit level.
Significance
Missouri v. NOW is an important circuit-level application of the principle that political boycotts fall outside antitrust law. It is frequently taught alongside Claiborne Hardware to illustrate the commercial/noncommercial distinction and the First Amendment limits on antitrust enforcement.