Parties: Brown v. Louisiana
Date: 1966-02-23
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Paragraph: 19 - We are here dealing with an aspect of a basic constitutional right the right under the First and Fourteenth Amendments guaranteeing freedom of speech and of assembly, and freedom to petition the Government for a redress of grievances. The Constitution of the State of Louisiana reiterates these guaranties. See Art. I, §§ 3, 5. As this Court has repeatedly stated, these rights are no confined to verbal expression. They embrace appropriate types of action which certainly include the right in a peaceable and orderly manner to protest by silent and reproachful presence, in a place where the protestant has every right to be, the unconstitutional segregation of public facilities.
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Paragraph: 60 - Though the First Amendment guarantees the right of assembly and the right of petition along with the rights of speech, press, and religion, it does not guarantee to any person the right to use someone else's property, even that owned by government and dedicated to other purposes, as a stage to express dissident ideas.
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Paragraph: 54 - It is high time to challenge the assumption in which too many people have too long acquiesced, that groups that think they have been mistreated or that have actually been mistreated have a constitutional right to use the public's streets, buildings, and property to protest whatever, wherever, whenever they want, without regard to whom such conduct may disturb.
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Paragraph: 60 - But I have never thought and do not now think that the First Amendment can sustain the startling doctrine the prevailing opinion here creates. The First Amendment, I think protects speech, writings, and expression of views in any manner in which they can be legitimately and validly communicated. But I have never believed that it gives any person or group of persons the constitutional right to go wherever they want, whenever they please, without regard to the rights of private or public property or to state law. Indeed a majority of this Court said as much in Cox v. State of Louisiana, 379 U.S. 559, 574, 85 S.Ct. 476, 485, 13 L.Ed.2d 487. Though the First Amendment guarantees the right of assembly and the right of petition along with the rights of speech, press, and religion, it does not guarantee to any person the right to use someone else's property, even that owned by government and dedicated to other purposes, as a stage to express dissident ideas.
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Paragraph: 60 - The First Amendment, I think protects speech, writings, and expression of views in any manner in which they can be legitimately and validly communicated. But I have never believed that it gives any person or group of persons the constitutional right to go wherever they want, whenever they please, without regard to the rights of private or public property or to state law.
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Paragraph: 27 - In Cox v. State of Louisiana, 379 U.S. 536, 551—552, 85 S.Ct. 453, 463, 13 L.Ed.2d 471, the Court declared this statute as construed unconstitutional for overbreadth: it N59* 'is unconstitutional in that it sweeps within its broad scope activities that are constitutionally protected free speech and assembly.' This holding was concurred in by my Brothers Black, 379 U.S. 559, at 576—580, 85 S.Ct. 466, at 467—470, Harlan and White, id., at 591, 85 S.Ct. at 475. No limiting construction or legislative revision has intervened, and no circumstance of this case makes that declaration of invalidity less controlling here. The overbreadth of the statute recognized in Cox therefore requires the reversal of these convictions.
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Paragraph: 31 - The danger posed by the Louisiana courts' definition of 'breach of the peace'—that it might sweep within its broad scope activities that are constitutionally protected—is no less present when read in conjunction with 'public building' than when read with 'public street' and 'public sidewalk.' The constitutional protection for conduct in a public building undertaken to desegregate governmental services provided therein derives from both the First Amendment guarantees of freedom of speech, petition and assembly, and the Equal Protection Clause's prohibition against racial segregation of governmental services and facilities. Overbreadth in the public building phase might inhibit the exercise of these constitutional rights by threatening punishment of the initial efforts to secure such desegregation.
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