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To: Biggirl

An applicable court case.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=432&invol=43
NATIONAL SOCIALIST PARTY v. SKOKIE, 432 U.S. 43 (1977)


33 posted on 09/21/2012 4:54:07 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

And another one.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=340&invol=315

We are well aware that the ordinary murmurings and objections of a hostile audience cannot be allowed to silence a speaker, and are also mindful of the possible danger of giving overzealous police officials complete discretion to break up otherwise lawful public meetings. “A State may not unduly suppress free communication of views, religious or other, under the guise of conserving desirable conditions.” Cantwell v. Connecticut, supra, at [340 U.S. 315, 321] 308. But we are not faced here with such a situation. It is one thing to say that the police cannot be used as an instrument for the suppression of unpopular views, and another to say that, when as here the speaker passes the bounds of argument or persuasion and undertakes incitement to riot, they are powerless to prevent a breach of the peace. Nor in this case can we condemn the considered judgment of three New York courts approving the means which the police, faced with a crisis, used in the exercise of their power and duty to preserve peace and order. The findings of the state courts as to the existing situation and the imminence of greater disorder coupled with petitioner’s deliberate defiance of the police officers convince us that we should not reverse this conviction in the name of free speech.


48 posted on 09/21/2012 5:20:42 AM PDT by ILS21R (The time is nigh.)
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