Parties: Brown v. Glines
Date: 1980-01-21
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Paragraph: 21 - N316* The circulation of petitions is indisputably protected First Amendment activity. Petitioning involves a bundle of related First Amendment rights: the right to express ideas, see, e. g., Street v. New York, 394 U.S. 576, 593, 89 S.Ct. 1354, 1366, 22 L.Ed.2d 572 (1969); Martin v. City of Struthers, 319 U.S. 141, 143, 63 S.Ct. 862, 863, 87 L.Ed. 1313 (1943), the right to be exposed to ideas expressed by others, see, e. g., Stanley v. Georgia, 394 U.S. 557, 564, 89 S.Ct. 1243, 1247, 22 L.Ed.2d 542 (1969); Lamont v. Postmaster General, 381 U.S. 301, 85 S.Ct. 1493, 14 L.Ed.2d 398 (1965); id., at 308, 85 S.Ct., at 1497 (BRENNAN, J., concurring); Martin v. City of Struthers, supra, 319 U.S., at 143, 63 S.Ct., at 863, the right to communicate with government, see, e. g., Edwards v. South Carolina, 372 U.S. 229, 235, 83 S.Ct. 680, 683, 9 L.Ed.2d 697 (1963); cf. Hague v. CIO, 307 U.S. 496, 513, 59 S.Ct. 954, 963, 83 L.Ed. 1423 (1939) (Roberts, J.), and the right to associate with others in the expression of opinion, see, e. g., Buckley v. Valeo, 424 U.S. 1, 15, 96 S.Ct. 612, 632, 46 L.Ed.2d 659 (1976); Healy v. James, 408 U.S. 169, 181, 92 S.Ct. 2338, 2346, 33 L.Ed.2d 266 (1972); NAACP v. Alabama, 357 U.S. 449, 460, 78 S.Ct. 1163, 1170, 2 L.Ed.2d 1488 (1958). The petition is especially suited for the exercise of all of these rights: It serves as a vehicle of communication; as a classic means of individual affiliation with ideas or opinions; and as a peaceful yet effective method of amplifying the views of the individual signers. Indeed, the petition is a traditionally favored method of political expression and participation. See, e. g., United States v. Cruikshank, 92 U.S. 542, 552-553, 23 L.Ed. 588 (1876); 2 J. Story, Commentaries on the Constitution of the United States 619-620 (Cooley ed., 1873); cf. White v. Nicholls, 3 How. 266, 289, 11 L.Ed. 591 (1845).
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Paragraph: 23 - By mandating that proposed petitions be subjected to command approval, the regulations impose a prior restraint. See Greer v. Spock, 424 U.S. 828, 865, 96 S.Ct. 1211, 1230, 47 L.Ed.2d 505 (1976) (BRENNAN, J., dissenting); Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 552-553, 95 S.Ct. 1239, 1243, 43 L.Ed.2d 448 (1975); Times Film Corp. v. Chicago, 365 U.S. 43, 45-46, 81 S.Ct. 391, 392-393, 5 L.Ed.2d 403 (1961). Although the First Amendment bar against prior restraints is not absolute, Nebraska Press Assn. v. Stuart, 427 U.S. 539, 590, 96 S.Ct. 2791, 2817, 49 L.Ed.2d 683 (1976) (BRENNAN, J., concurring in judgment), the Court has repeatedly emphasized that the prior censorship of expression can be justified only by the most compelling governmental interests
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Paragraph: 24 - N92* We have identified specific safeguards that are indispensable if a system of prior approval is to avoid First Amendment pitfalls. These include (1) the requirement that the burden of justifying censorship fall upon the censor, see New York Times Co. v. United States, supra, 403 U.S., at 714, 91 S.Ct., at 2141; Freedman v. Maryland, supra, 380 U.S., at 58, 85 S.Ct., at 738, (2) the condition that administrative suppression must be subject to speedy judicial review, see Blount v. Rizzi, supra, 400 U.S., at 417, 91 S.Ct., at 428, and (3) the rule that those whose First Amendment interests are at stake be given notice and an opportunity to be heard during suppression proceedings, see Carroll v. President & Comm'rs of Princess Anne, supra, 393 U.S., at 181-183, 89 S.Ct., at 351-352; cf. Procunier v. Martinez, supra, 416 U.S., at 417-419, 94 S.Ct., at 1814.
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Paragraph: 23 - N114* Thus far, only the interest in averting a virtually certain prospect of imminent, severe injury to the Nation in time of war has been generally considered a sufficiently weighty ground for prior restraint of constitutionally protected speech. See, e. g., New York Times, 403 U.S., at 726 -727, 91 S.Ct., at 2147-2148 (BRENNAN, J., concurring); id., at 730, 91 S.Ct., at 2149 (STEWART, J., concurring). The instant regulations, however, explicitly require commanding officers to suppress petitioning for reasons far less urgent than imminent, serious, peril to the United States or its citizens. The maintenance of military discipline, morale, and efficiency are undeniably important, but they are not always, and in every situation, to be regarded as more compelling than a host of other governmental interests which we have found insufficient to warrant censorship.
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Paragraph: 7 - N115* " 'Speech that is protected in the civil population may . . . undermine the effectiveness of response to command.' " Parker v. Levy, supra, 417 U.S., at 759, 94 S.Ct., at 2563, quoting United States v. Priest, 21 U.S.C.M.A. 564, 570, 45 C.M.R. 338, 344 (1972). Thus, while members of the military services are entitled to the protections of the First Amendment, N116* "the different character of the military community and of the military mission requires a different application of those protections." Parker v. Levy, 417 U.S., at 758, 94 S.Ct., at 2563. The rights of military men must yield somewhat N117* " 'to meet certain overriding demands of discipline and duty . . . .' " Id., at 744, 94 S.Ct., at 2556, quoting Burns v. Wilson, 346 U.S. 137, 140, 73 S.Ct. 1045, 1047, 97 L.Ed. 1508 (1953) (plurality opinion). Speech likely to interfere with these vital prerequisites for military effectiveness therefore can be excluded from a military base.
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