Parties: Walker v. Birmingham
Date: 1967-06-12
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Paragraph: 18 - When protest takes the form of mass demonstrations, parades, or picketing on public streets and sidewalks, the free passage of traffic and the prevention of public disorder and violence become important objects of legitimate state concern. As the Court stated, in Cox v. State of Louisiana, N6* 'We emphatically reject the notion * * * that the First and Fourteenth Amendmets afford the same kind of freedom to those who would communicate ideas by conduct such as patrolling, marching, and picketing on streets and highways, as these amendments afford to those who communicate ideas by pure speech.'
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Paragraph: 83 - The vitality of First Amendment protections has, as a result, been deemed to rest in large measure upon the ability of the individual to take his chances and express himself in the face of such restraints, armed with the ability to challenge those restraints if the State seeks to penalize that expression. The most striking examples of the right to speak first and challenge later, and of peculiar moment for the present case, are the cases concerning the ability of an individual to challenge a permit or licensing statute giving broad discretion to an individual or group, such as the Birmingham permit ordinance, despite the fact that he dd not attempt to obtain a permit or license. In Staub v. City of Baxley, 355 U.S. 313, 78 S.Ct. 277, 2 L.Ed.2d 302, the accused, prosecuted for soliciting members for an organization without a permit, contended that the ordinance was invalid on its face because it made exercise of freedom of speech contingent upon the will of the issuing authority and therefore was an invalid prior restraint—the same contention made by petitioners with regard to the Birmingham ordinance.
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Paragraph: 82 - In the present case we are confronted with a collision between Alabama's interest in requiring adherence to orders of its courts and the constitutional prohibition against abridgment of freedom of speech, more particularly 'the right of the people peaceably to assemble,' and the right 'to petition the Government for a redress of grievances.'
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Paragraph: 91 - The ability to exercise protected protest at a time when such exercise would be effective must be as protected as the beliefs themselves. Cf. Ex parte Jackson, 96 U.S. 727, 733, 24 L.Ed. 877; Grosjean v. American Press Co., 297 U.S. 233, 248—250, 56 S.Ct. 444, 448—449, 80 L.Ed. 660; Lovell v. City of Griffin, 303 U.S. 444, 452, 58 S.Ct. 666, 669, 82 L.Ed. 949. It is a flagrant denial of constitutional guarantees to balance away this principle in the name of 'respect for judicial process.' To preach 'respect' in this context is to deny the right to speak at all.
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Paragraph: 92 - The Court today lets loose a devastatingly destructive weapon for infringement of freedoms jealously safeguarded not so much for the benefit of any given group of any given persuasion as for the benefit of all of us. We cannot permit fears of 'riots' and 'civil disobedience' generated by slogans like 'Black Power' to divert our attention from what is here at stake—not violence or the right of the State to control its streets and sidewalks, but the insulation from attack of ex parte orders and legislation upon which they are based even when patently impermissible prior restraints on the exercise of First Amendment rights, thus arming the state courts with the power to punish as a 'contempt' what they otherwise could not punish at all. Constitutional restrictions against abridgments of First Amendment freedoms limit judicial equally with legislative and executive power. Convictions for contempt of court orders which invalidly abridge First Amendment freedoms must be condemned equally with convictions for violation of statutes which do the same thing. I respectfully dissent.
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Paragraph: 50 - I believe it is patently unconstitutional on its face. Our decisions have conis tently held that picketing and parading are means of expression protected by the First Amendment, and that the right to picket or parade may not be subjected to the unfettered discretion of local officials.
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Paragraph: 58 - Picketing and parading are methods of expression protected by the First Amendment against both state and federal abridgment. Edwards v. South Carolina, 372 U.S. 229, 235—236, 83 S.Ct. 680, 683—684, 9 L.Ed.2d 697; Cox v. State of Louisiana, 379 U.S. 536, 546—548, 85 S.Ct. 453, 459—461, 13 L.Ed.2d 471. Since they involve more than speech itself and implicate street traffic, the accommodation of the public and the like, they may be regulated as to the times and places of the demonstrations. Schneider v. State, 308 U.S. 147, 160—161, 60 S.Ct. 146, 150—151, 84 L.Ed. 155; Cox v. State of New Hampshire, 312 U.S. 569, 61 S.Ct. 762, 85 L.Ed. 1049; Poulos v. State of New Hampshire, 345 U.S. 395, 405—406, 73 S.Ct. 760, 766—767, 97 L.Ed. 1105. But a State cannot deny the right to use streets or parks or other public grounds for the purpose of petitioning for the redress of grievances.
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Paragraph: 62 - The right to defy an unconstitutional statute is basic in our scheme. Even when an ordinance requires a permit to make a speech, to deliver a sermon, to picket, to parade, or to assemble, it need not be honored when it is invalid on its face.
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Paragraph: 83 - The vitality of First Amendment protections has, as a result, been deemed to rest in large measure upon the ability of the individual to take his chances and express himself in the face of such restraints, armed with the ability to challenge those restraints if the State seeks to penalize that expression. The most striking examples of the right to speak first and challenge later, and of peculiar moment for the present case, are the cases concerning the ability of an individual to challenge a permit or licensing statute giving broad discretion to an individual or group, such as the Birmingham permit ordinance, despite the fact that he did not attempt to obtain a permit or license.
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Paragraph: 50 - Our decisions have conis tently held that picketing and parading are means of expression protected by the First Amendment, and that the right to picket or parade may not be subjected to the unfettered discretion of local officials.
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Paragraph: 58 - Picketing and parading are methods of expression protected by the First Amendment against both state and federal abridgment. Edwards v. South Carolina, 372 U.S. 229, 235—236, 83 S.Ct. 680, 683—684, 9 L.Ed.2d 697; Cox v. State of Louisiana, 379 U.S. 536, 546—548, 85 S.Ct. 453, 459—461, 13 L.Ed.2d 471. Since they involve more than speech itself and implicate street traffic, the accommodation of the public and the like, they may be regulated as to the times and places of the demonstrations.
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