Regan v. Time, Inc.
Headline: Court strikes down 'purpose' limit on money photos but upholds black-and-white and size rules, allowing publishers limited use while keeping criminal ban for noncompliant reproductions.
Holding: The Court held that Congress may not limit permitted pictures of U.S. currency to only those used for specified purposes, but it sustained black-and-white and size restrictions and allowed enforcement as applied to Time.
- Permits publishers to use currency images only in black-and-white and limited sizes.
- Requires destruction of negatives and plates after final authorized use.
- Leaves criminal ban enforceable against reproductions that do not meet exemptions.
Summary
Background
A major magazine publisher used pictures of U.S. paper money on covers and in articles. The Secret Service and Treasury told the publisher those pictures violated a long-standing criminal ban and were not covered by the statutory exception. The publisher sued to block enforcement of the criminal ban and the exception that Congress had written to allow some reproductions.
Reasoning
The Justices focused on a statutory exception that allowed illustrations only if they were “for philatelic, numismatic, educational, historical, or newsworthy purposes” and appeared in certain publications, and only if they met color and size limits and had their plates destroyed. A majority concluded that the requirement tied to specific purposes is an unconstitutional content-based limit. The Court, however, upheld the black-and-white and size requirements as reasonable rules that help prevent counterfeiting and protect the Government’s interest, and it sustained enforcement as applied to this publisher.
Real world impact
After this decision, publishers can rely on the statute only if their images meet the remaining technical rules: black-and-white (with some narrow exceptions), certain undersize or oversize dimensions, and destruction of negatives and plates after use. Uses that do not meet those conditions remain subject to criminal enforcement. The ruling narrows one form of content control while keeping practical anti-counterfeiting safeguards in place.
Dissents or concurrances
Several Justices dissented in part. One argued the whole exception should fall and the statutes substantially abridge expression; another emphasized Congress intended the purpose rule and would not have enacted the remainder alone. A separate opinion urged a broad reading of “newsworthy” and supported the color and size limits for Time.
Opinions in this case:
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