“ It is an exercise of the authority granted to the city by New Jersey 'to prevent disturbing noises,' N.J.Stat.Ann., tit. 40:48-1 (8) , nuisances well within the municipality's power to control. The police power of a state extends beyond health, morals and safety, and comprehends the duty, within constitutional limitations, to protect the well-being and tranquility of a community. [4] A state or city may prohibit acts or things reasonably thought to bring evil or harm to its people.
In this case, New Jersey necessarily has construed this very ordinance as applied to sound amplification. ”

“ The Supreme Court said, 135 N.J.L. 64, 66, 50 A.2d 451, 452:
'The relevant provisions of the ordinance apply only to (1) vehicles (2) containing an instrument in the nature of a sound amplifier or any other instrument emitting loud and raucous noises and (3) such vehicle operated or standing upon the public streets, alleys or thoroughfares of the city.' If that means that only amplifiers that emit, in the language of the ordinance, 'loud and raucous noises' are barred from the streets, we have a problem of regulation. ”

“ There is no restriction upon the communication of ideas or discussion of issues by the human voice, by newspapers, by pamphlets, by dodgers. We think that the need for reasonable protection in the homes or business houses from the distracting noises of vehicles equipped with such sound amplifying devices justifies the ordinance. ”

“ On the business streets of cities like Trenton, with its more than 125,000 people, such distractions would be dangerous to traffic at all hours useful for the dissemination of information, and in the residential thoroughfares the quiet and tranquility so desirable for city dwellers would likewise be at the mercy of advocates of particular religious, social or political persuasions. ”

“ A satisfactory adjustment of the conflicting interests is difficult as those who desire to broadcast can hardly acquiesce in a requirement to modulate their sounds to a pitch that would not rise above other street noises nor would they deem a restriction to sparsely used localities or to hours after work and before sleep-say 6 to 9 p.m.-sufficient for the exercise of their claimed privilege. ”

“ The appellant was found guilty of violating this ordinance by the appellee, a police judge of the City of Trenton. His conviction was upheld by the New Jersey Supreme Court, Kovacs v. Cooper, 135 N.J.L. 64, 50 A.2d 451, and the judgment was affirmed without a majority opinion by the New Jersey Court of Errors and Appeals in an equally divided court. The dissents are printed. ”