Potter Stewart

“ It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech * * * is * * * protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. ”

“ As in the Terminiello case, the courts of South Carolina have defined a criminal offense so as to permit conviction of the petitioners if their speech 'stirred people to anger, invited public dispute, or brought about a condition of unrest. ”

“ The City Manager testified that he recognized some of the onlookers, whom he did not identify, as 'possible trouble makers,' but his subsequent testimony made clear that nobody among the crowd actually caused or threatened any trouble. [4] There was no obstruction of pedestrian or vehicular traffic within the State House grounds. [5] No vehicle was prevented from entering or leaving the horseshoe area. Although vehicular traffic at a nearby street intersection was slowed down somewhat, an officer was dispatched to keep traffic moving. ”

“ Late in the morning of March 2, 1961, the petitioners, high school and college students of the Negro race, met at the Zion Baptist Church in Columbia. From there, at about noon, they walked in separate groups of about 15 to the South Carolina State House grounds, an area of two city blocks open to the general public. ”

“ Police protection was 'ample.'
This, therefore, was a far cry from the situation in Feiner v. New York, 340 U.S. 315, 71 S.Ct. 303, 95 L.Ed. 295, where two policemen were faced with a crowd which was 'pushing, shoving and milling around,' id., at 317, 71 S.Ct. at 305, where at least one member of the crowd 'threatened violence if the police did not act,' id., at 317, 71 S.Ct. at 305, where 'the crowd was pressing closer around petitioner and the officer,' id., at 318, 71 S.Ct. ”

“ It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. ”