Cook v. Advertiser Co., Inc.

The Montgomery Advertiser (newspaper) (defendant), published the wedding announcements of White couples on its society page but published the wedding announcements of Black couples on a separate “Negro news page.” The information published on the society page was acquired by the newspaper through questionnaires that were voluntarily answered by individuals who wanted their information published. The newspaper did not promise to publish an announcement based on every questionnaire submitted, nor did it charge for publishing announcements on its society page. Samuel G. Cook (plaintiff), a Black man, submitted a wedding announcement along with a photo of himself and his fiancé, Sherrie Ann Martin, a Black woman, to the newspaper with the request that the announcement be published on the society page. Rather than honor Cook’s request, the newspaper chose not to publish the announcement. Cook and seven other individuals filed a federal class action against the newspaper and its publisher, Advertiser Co., Inc. (defendant), alleging that they had violated 42 U.S.C. § 1981 by refusing to print the wedding announcements of Black couples on the newspaper’s society page. Cook argued that, in acquiring and publishing an individual’s wedding announcement, the newspaper entered into a contract with that individual and that in its application of different rules to Black couples from the rules it applied to White couples, the newspaper had violated § 1981. The lawsuit sought damages pursuant to § 1981 and requested that the court enjoin the newspaper from refusing to publish Cook’s wedding announcement on the society page. The district court dismissed the complaint.