In the case of The Journal and Tribune Company v. United States in 1920, the U.S Supreme Court ruled on an issue related to second-class mail rates for newspapers. The Journal and Tribune Company had been paying a lower rate for mailing its newspaper based on a law passed by Congress in 1879 that allowed such reduced rates for "regular publications designed primarily for free circulation or circulation at nominal rates." However, the Postmaster General decided that this company was not eligible because it charged more than a nominal rate to some subscribers. The company sued, arguing that they should be entitled to pay the lower rate since most of their papers were circulated at no cost or at nominal rates. The Supreme Court sided with the government, ruling that if any part of a publication's distribution involved more than 'nominal' payment then it could not qualify as second-class matter under postal laws. This decision upheld broad discretion given to postmasters general over determining eligibility criteria within existing legislation.

The dissenting opinion in the case of The Journal and Tribune Company v. United States, 1920, argued that the majority's decision to uphold a law requiring newspapers to disclose their ownership and circulation figures was an infringement on freedom of press. They contended that such a requirement could potentially expose publishers to undue scrutiny or harassment based on their political affiliations or views expressed through their publications. Furthermore, they believed it was not within Congress' power under the Postal Service Clause of the Constitution to impose such regulations on newspaper companies using mail services for distribution purposes. This imposition would be tantamount to controlling content rather than regulating postal service usage as intended by this clause in constitution according them.