Potter Stewart

“ The terms of the Birmingham ordinance clearly gave the City Commission extensive authority to issue or refuse to issue parade permits on the basis of broad criteria entirely unrelated to legitimate municipal regulation of the public streets and sidewalks. ”

“ The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order ”

“ Alabama, 310 U.S. 88, 60 S.Ct. 736, 84 L.Ed. 1093. 'Whenever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. ”

“ The petitioner stands convicted for violating an ordinance of Birmingham, Alabama, making it an offense to participate in any 'parade or procession or other public demonstration' without first obtaining a permit from the City Commission. ”

“ A systematic, consistent and just order of treatment with reference to the convenience of public use of the streets and sidewalks must be followed. Applications for permits to parade must be granted if, after an investigation it is found that the convenience of the public in the use of the streets or sidewalks would not thereby be unduly disturbed.' 281 Ala., at 545-546, 206 So.2d, at 350-352. ”

“ Jones v. City of Opelika, 316 U.S., at 602, 62 S.Ct., at 1241, adopted per curiam on rehearing, 319 U.S., at 104, 63 S.Ct. 890; Staub v. City of Baxley, 355 U.S., at 319, 78 S.Ct., at 280; Freedman v. Maryland, 380 U.S. 51, 56-57, 85 S.Ct. 734, 737-738, 13 L.Ed.2d 649.↑ The validity of this assumption would depend upon, among other things, the availability of expeditious judicial review of the Commission's refusal of a permit. Cf. Poulos v. New Hampshire, 345 U.S. 395, 420, 73 S.Ct. 760, 773, 97 L.Ed. 1105 (Frankfurter, J., concurring in result) ; Freedman v. ”