Felix Frankfurter

“ To allow expression of religious views by some and deny the same privilege to others merely because they or their views are unpopular, even deeply so, is a denial of equal protection of the law forbidden by the Fourteenth Amendment. ”

“ I cannot make too explicit my conviction that the City of New York is not restrained by anything in the Constitution of the United States from protecting completely the community's interests in relation to its streets. But if a municipality conditions holding street meetings on the granting of a permit by the police, the basis which guides licensing officials in granting or denying a permit must not give them a free hand, or a hand effectively free when the actualities of police administration are taken into account. ”

“ But here the standards are defined neither by language nor by settled construction to preclude descriminatory or arbitrary action by officials. The ordinance, as judicially construed, provides that anyone who, in the judgment of the licensing officials, would 'ridicule' or 'denounce' religion creates such a danger of public disturbance that he cannot speak in any park or street in the City of New York. Such a standard, considering the informal procedure under which it is applied, too readily permits censorship of religion by the licensing authorities. ”

“ In treating the precise problem presented by the three situations before us-how to reconcile the interest in allowing free expression of ideas in public places with the protection of the public peace and of the primary uses of streets and parks-we should first set to one side decisions which are apt to mislead rather than assist. ”

“ Where conduct is within the allowable limits of free speech, the police are peace officers for the speaker as well as for his hearers. But the power effectively to preserve order cannot be displaced by giving a speaker complete immunity. ”

“ More important than the phrasing of the opinions are the questions on which the decisions appear to have turned.
(1) What is the interest deemed to require the regulation of speech? The State cannot of course forbid public proselyting or religious argument merely because public officials disapprove the speaker's views. It must act in patent good faith to maintain the public peace, to assure the availability of the streets for their primary purposes of passenger and vehicular traffic, or for equally indispensable ends of modern community life. ”

“ Legislatures, local authorities, and the courts have for years grappled with claims of the right to disseminate ideas in public places as against claims of an effective power in government to keep the peace and to protect other interests of a civilized community. ”

“ There a State statute requiring registration of labor organizers was found unconstitutional when invoked to enjoin a speech in a public hall. The interest of the State in protecting its citizens through the regulation of vocations was deemed insufficient to support the statute.
3. Whether the sale of religious literature by Jehovah's Witnesses can be subjected to nondiscriminatory taxes on solicitation has introduced another opposing interest-the right of the community to raise funds for the support of the government. ”

“ The crowd, which consisted of both those who opposed and those who supported the speaker, was restless. There was not yet a disturbance but, in the words of the arresting officer whose story was accepted by the trial judge, he 'stepped in to prevent it from resulting in a fight. After all there was angry muttering and pushing.' Having ignored two requests to stop speaking, Feiner was arrested.
Adjustment of the inevitable conflict between free speech and other interests is a problem as persistent as it is perplexing. ”

“ It is important to bear in mind that this Court can only hope to set limits and point the way. It falls to the lot of legislative bodies and administrative officials to find practical solutions within the frame of our decisions. There are now so many of these decisions, arrived at by the ad hoc process of adjudication, that it is desirable to make a cruise of the timber. ”

“ A licensing standard which gives an official authority to censor the content of a speech differs toto coelo from one limited by its terms, or by nondiscriminatory practice, to considerations of public safety and the like. Again, a sanction applied after the event assures consideration of the particular circumstances of a situation. The net of control must not be cast too broadly.
(3) What mode of speech is regulated? A sound truck may be found to affect the public peace as normal speech does not. ”

“ The first time the Court had to consider the ordinance was on an appeal from People v. Smith, 263 N.Y. 255, 188 N.E. 745. In that case the New York Court of Appeals sustained a conviction for expounding atheism in the street without a permit. The appeal to this Court was based solely on the argument that regulation of speakers on religion without regulating other speakers was an unreasonable classification. ”

“ The Boston ordinance which was upheld required a permit from the mayor for any person to 'make any public address, discharge any cannon or firearm, expose for sale any goods, * * *' on public grounds. This Court respected the finding that the ordinance was not directed against free speech but was intended as 'a proper regulation of the use of public grounds.' 162 Mass. ”

“ There was no disturbance of the peace and it is clear that they were arrested only for want of a permit.
2. No. 50.-New York City set up a licensing system to control the use of its streets and parks for public religious services. The New York Court of Appeals construed the city's ordinance so as to sanction the right of the Police Commissioner to revoke or refuse a license for street-preaching if he found the person was likely to 'ridicule' or 'denounce' religion. ”