In the case of Western Turf Association v. Greenberg (1906), the U.S. Supreme Court ruled in favor of Western Turf Association, a horse racing organization that had sued to prevent Samuel Greenberg from using their proprietary information for his own profit. The association operated race tracks and published daily programs containing details about upcoming races, which they sold at their tracks on race days. Greenberg obtained these programs early each morning and used them to compile his own publication called "The Official Race Track Sheet," which he then sold outside the track grounds before official sales began inside. The court held that while facts themselves cannot be copyrighted, original compilations of data can be protected if sufficient effort has been put into collecting and arranging it - known as 'sweat-of-the-brow' doctrine. Therefore, even though individual pieces of information within the program were not copyrightable (such as names or statistics), because significant labor was invested in gathering this data together into one place by Western Turf Association, its unauthorized use constituted an infringement upon their rights.

In the dissenting opinion for Western Turf Association v. Greenberg, it was argued that the majority's decision to uphold a California law prohibiting bookmaking at racetracks infringed upon individual liberties and property rights. The dissenting justices believed that this ruling allowed states too much power in regulating private activities and businesses, which could potentially lead to overreach into other areas of personal freedom or economic activity. They also expressed concern about potential inconsistencies in how such laws might be applied across different jurisdictions, arguing that what is considered illegal gambling should not vary so widely from state to state. Furthermore, they disagreed with the majority's interpretation of "public morals" as a justification for regulation, asserting instead that morality cannot be legislated and should remain within the realm of personal conscience rather than government control.