SUPREME COURT RULINGS
ON STREET PREACHING AND PUBLIC SPEECH IN GENERAL
U.S. Iowa, 1969: Undifferentiated fear or
apprehension of disturbance is not enough to
overcome right to freedom of expression. U.S.C.A.
Const. Amend. I (Tinker v. Des Moines Independent
Community School Dist. 89 S. Ct. 733, 393/ U.S.
5()3/21 L. Eid. 2d. 731).
Also, see identical ruling, Federal District
Court, Texas, 1969: (Calbillo v. San Jancinto
Junior College, 305 F. Supp. 857, cause remanded 434
F. 2d. 609, appeal after remand 446 F. 2d. 887).
Federal Court of Appeals, Florida, 1972:
Hostile audience is not basis for restraining
otherwise legal first amendment activity. U.S.C.A.
Const. Amend. I (Collie v. Chicago Park Dist., 460
F. 2d. 746).
Federal Court of Appeals, Florida, 1974:
Public expression of ideas may not be prohibited
merely because ideas are themselves of offensive to
some of their hearers. West's F.S.A. 877.03; U.S.C.A.
Const. Amend. I (Wiegand v. Seaver, 504 F. 2d. 303).
Federal Court of Appeals, Indiana, 1974:
Freedom of expression (does not mean freedom to
express only approved ideas; it means freedom to
express any idea. (Perry v. Columbia Broadcasting
System, Inc. 499 F. 2d. 797).
Federal Court of Appeals, District of Colubia,
1977: The Constitution mandates that access to
the streets, sidewalks, parks, and other similar
public places for purpose of exercising first
amendment rights cannot be denied broadly and
absolutely. U.S.C.A. Const. Amend. I (Washington
Mobilization Committee v. Cullinane, 566 F. 2d. 107,
184 U. S. App. D. C. 215).
United States District Court, E.D. Wisconsin,
April 30, 1970: An ordinance that proscribes
conduct that tends to "disturb or annoy others" is
both vague and overbroad. I he constitutionally
protected exercise of free expression frequently
causes a disturbance, for the very purpose of the
first amendment is to stimulate the creation and
communication of new, and therefore, often
controversial ideas. The prohibition against conduct
that tends to disturb another would literally make
it a crime to deliver an unpopular speech that
resulted in a "disturbance." Such a restriction is a
clearly invalid restriction of constitutionally
protected free expression. (Gardner v. Ceci, 312 F.
Supp. 516/ see also Landry v. Daley, 280 F. Supp.
968, N.D. 111. 1968).
Federal District Court, Tennessee, 1978:
The fact that persons might express their religious
views at some place other than the public streets,
sidewalks, and other areas of the city does not have
any consequence in determining the validity of
permit requirements with respect to the use of such
public areas. U.S.C.A. Const. Amend. I (Smith v.
City of Manchester, 460 F. Supp. 30).
Federal Court of Appeals, Virginia, 1982:
Reasonable time, place, and manner restrictions on
free expression and their enforcement cannot he
based on content of speech thereby restricted.
A compelling governmental interest unrelated to
speech must he served by restriction on speech.
Ordinance containing restrictions on free
expression must be drawn with narrow specificity to
be no more restrictive than necessary to secure such
interest.
Adequate alternative channels of communication
must be left open by restrictions on free
expression. Davenport v. City of Alexandria,
Virginia, 683 F. 2d. 853, on rehearing 710 F. 2d.
148. Also, see Salahuddin v. Carlson, 523 F. Supp.
314.).
Federal Court of Appeals, Virginia, 1973:
The first amendment protects from state interference
the expression in a public place of the unpopular as
well as the popular and the right to assemble
peaceably in a public place in the interest and
furtherance of the unpopular as well as the popular.
U.S.C.A. Const. Amend. I (National Socialist White
People's Party v. Ringers, 473 F. 2d. 1010).
Federal Court uf Appeals, Virginia, 1972:
Government may not favor one religion over another.
U.S.C.A. Const. Amend. I (U.S. v. Crowthers, 456 F.
2d. 1074).
U.S., Arkansas, 1968: The freedom of
religion provision of the first amendment forhids
alike the preference of a religious doctrine or the
prohibition of a theory which is deemed antagonistic
to a particular dogma. The state has no legitimate
interest in protecting any or all religions from
views distasteful to them. U.S.C.A. Const. Amend. I
(Epperson v. State of Arkansas, 89 S. Ct. 266).
Federal Court of Appeals, Texas, 1972:
"Controversy" is never sufficient in and of itself
to stifle the views of any citizen. U.S.C.A. Const.
Amend. I (Shanlcy v. Northeast Independent School
Dist., Bexar County, Texas, 462 F. 2d. 960).
U.S, California, 1971: As a general
matter, the establishment clause of the first
amendment prohibits government from abandoning
secular purposes in order to put an imprimatur on
one religion, or on religion as such, or to favor
the adherence of any sect or religious organization.
U.S.C.A. Const. Amed. I (Negre v. Larsen, 91 S. Ct.
828). |