William J. Brennan, Jr.

“ Baltimore law enforcement authorities had advance notice of the demonstration, and a dozen or more police officers and some United States marshals were on hand when approximately 15 protesters began peacefully to march in a circle on the sidewalk in front of the station. The marchers carried or more signs bearing such legends as: 'Peasant Emancipation, Not Escalation,' 'Make Love not War,' 'Stop in the Name of Love,' and 'Why are We in Viet Nam?' The number of protesters increased to between 30 and 40 before the demonstration ended. ”

“ But ' (i) t is firmly settled that under our Constitution the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers,' Street v. New York, 394 U.S. 576, 592, 89 S.Ct. ”

“ So instructed, the jury returned a general verdict of guilty against each of the petitioners.
Since petitioners argue that their conduct was constitutionally protected, we have examined the record for ourselves. When 'a claim of constitutionally protected right is involved, it 'remains our duty * * * to make an independent examination of the whole record. ”