In the 1985 case United States v. American College of Physicians, the U.S. Supreme Court addressed a dispute over copyright infringement between the federal government and a professional medical association. The American College of Physicians (ACP) had published an article in its journal that was written by two government employees during their work hours using public funds. The ACP claimed it held copyright to this article since it was first published in their journal, while the U.S Government argued that as per Section 105 of Copyright Act, works created by federal employees within scope of employment are not subject to domestic copyright protection and hence should be freely available for public use. The court ruled in favor of the U.S Government stating that under section 105 any work prepared by an officer or employee as part of official duties is considered property belonging to US citizens and cannot be copyrighted domestically; therefore, no exclusive rights can be granted on such works even if they were first published elsewhere.

The dissenting opinion in the case of United States v. American College of Physicians argued that the majority's decision was a misinterpretation of antitrust laws and could potentially harm professional organizations. The dissenters believed that these groups, such as the American College of Physicians, should be allowed to set ethical guidelines for their members without fear of violating antitrust regulations. They contended that setting standards is not equivalent to price-fixing or limiting competition but rather an essential function for maintaining professionalism within industries. Furthermore, they expressed concern over potential chilling effects on other professional bodies who may now hesitate to establish necessary ethical codes due to fear of legal repercussions.