Parties: Police Dep't of Chicago v. Mosley
Date: 1972-06-26
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Paragraph: 18 - '(I)n our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.' Tinker v. Des Moines Independent Community School District, 393 U.S., at 508, 89 S.Ct., at 737. Some labor picketing is peaceful, some disorderly; the same is true of picketing on other themes. No labor picketing could be more peaceful or less prone to violence than Mosley's solitary vigil. In seeking to restrict nonlabor picketing that is clearly more disruptive than peaceful labor picketing, Chicago may not prohibit all nonlabor picketing at the school forum.
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Phrase match: to freedom of expression.' Tinker v
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Paragraph: 23 - I join the Court's opinion but with the reservation that some of the language used in the discussion of the First Amendment could, if read out of context, be misleading. Numerous holdings of this Court attest to the fact that the First Amendment does not literally mean that we 'are guaranteed the right to express any thought, free from government censorship.' This statement is subject to some qualifications,
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Paragraph: 16 - In this case, the ordinance itself describes impermissible picketing not in terms of time, place, and manner, but in terms of subject matter. The regulation N59* 'thus ship(s) from the neutrality of time, place, and circumstance into a concern about content.' This is never permitted. In spite of this, Chicago urges that the ordinance is not improper content censorship, but rather a device for preventing disruption of the school. Cities certainly have a substantial interest in stopping picketing which disrupts a school. 'The crucial question, however, is whether (Chicago's ordinance) advances that objective in a manner consistent with the commands of the Equal Protection Clause.'
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Phrase match: not improper content censorship, but rather a
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