Parties: Staub v. City of Baxley
Date: 1958-01-13
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Paragraph: 10 - The First Amendment of the Constitution provides: 'Congress shall make no law * * * abridging the freedom of speech * * *.' This freedom is among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action; and municipal ordinances adopted under state authority constitute state action.
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Phrase match: the freedom of speech * * *.' This freedom
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Paragraph: 19 - It is undeniable that the ordinance authorized the Mayor and Council of the City of Baxley to grant 'or refuse to grant' the required permit in their uncontrolled discretion. It thus makes enjoyment of speech contingent upon the will of the Mayor and Council of the City, although that fundamental right is made free from congressional abridgment by the First Amendment and is protected by the Fourteenth from invasion by state action. For these reasons, the ordinance, on its face, imposes an unconstitutional prior restraint upon the enjoyment of First Amendment freedoms
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