Robert H. Jackson, Saia v. New York — Dissent
“ I disagree entirely with the idea that 'Courts must balance the various community interests in passing on the constitutionality of local regulations of the character involved here.' It is for the local communities to balance their own interests-that is politics-and what courts should keep out of. Our only function is to apply constitutional limitations. ”
Robert H. Jackson, Saia v. New York — Dissent
“ It is intimated that the City can control the decibels; if so, why may it not prescribe zero decibels as appropriate to some places? It seems to me that society has the right to control, as to place, time and volume, the use of loud-speaking devices for any purpose, provided its regulations are not unduly arbitrary, capricious or discriminatory.But the Court points out that propagation of his religion is the avowed and only purpose of appellant and holds that Lockport cannot stop the use of loud-speaker systems on its public property for that purpose. ”
Robert H. Jackson, Saia v. New York — Dissent
“ Lockport has in no way denied or restricted the free use, even in its park, of all of the facilities for speech with which nature has endowed the appeliant. It has not even interfered with his inviting an assemblage in a park space not set aside for that purpose. [2] But can it be that society has no control of apparatus which, when put to unregulated proselyting, propaganda and commercial uses, can render life unbearable? ”
