05-25-2012, 10:55 AM
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It's 42
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Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
MR. JUSTICE HARLAN, concurring.
In judging the validity of municipal action affecting rights of speech or association protected against invasion by the Fourteenth Amendment, I do not believe that we can escape, as Mr. Justice Roberts said in Schneider v. State, 308 U.S. 147, 161 , "the delicate and difficult task" of weighing "the circumstances" and appraising "the substantiality of the reasons advanced in support of the regulation of the free enjoyment of" speech. More recently we have said that state action impinging on free speech and association will not be sustained unless the governmental interest asserted to support such impingement is compelling. See N. A. A. C. P. v. Alabama, 357 U.S. 449, 463 , 464; Sweezy v. New Hampshire, 354 U.S. 234, 265 (concurring opinion); see also Bates v. Little Rock, 361 U.S. 516 .
Here the State says that this ordinance is aimed at the prevention of "fraud, deceit, false advertising, negligent use of words, obscenity, and libel," in that it will aid in the detection of those responsible for spreading material of that character. But the ordinance is not so limited, and I think it will not do for the State simply to say that the circulation of all anonymous handbills must be suppressed in order to identify the distributors of those that may be of an obnoxious character. In the absence of a more substantial showing as to Los Angeles' actual experience with the distribution of obnoxious handbills, * such a [362 U.S. 60, 67] generality is for me too remote to furnish a constitutionally acceptable justification for the deterrent effect on free speech which this all-embracing ordinance is likely to have.
On these grounds I concur in the judgment of the Court.
http://caselaw.lp.findlaw.com/script...l=362&invol=60
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It's an election year ... Harassment and Defamation are unlawful speech now -- he (the NY Legislator) just wants some attention. |
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