In the case of Sam Fox Publishing Co., Inc. v. United States et al., 1960, the Supreme Court ruled in favor of the U.S government and against music publishers who were challenging a consent decree that had been issued by the Department of Justice's Antitrust Division. The decree was aimed at preventing anti-competitive practices within performing rights societies such as ASCAP (American Society of Composers, Authors and Publishers). The plaintiffs argued that this violated their Fifth Amendment rights because it devalued their property without just compensation. However, the court held that since copyright owners voluntarily choose to join these societies and can withdraw if they disagree with its terms, there is no constitutional violation involved in regulating them to prevent monopolistic practices.

In the dissenting opinion for Sam Fox Publishing Co., Inc. v. United States et al., the justice argued that the majority's decision to uphold a consent decree between music publishers and performing rights organizations, which limited royalty rates, was an overreach of judicial power. The justice contended that such decrees should be used sparingly and only when necessary to prevent clear violations of antitrust laws; in this case, they believed there was no evidence of such violation. They further asserted that by approving this decree without sufficient proof of illegal activity or monopoly control, the court essentially allowed private parties to set their own regulations under government supervision - something they saw as contrary to free market principles and potentially harmful for competition in general.