Feiner v. New York

Irving Feiner (defendant) used a loudspeaker to address a crowd on a street corner in Syracuse, New York. Feiner was criticizing political officials and the American Legion. Upon receiving a complaint about the gathering, police went to investigate. They observed a crowd of about 80 people, both Black and White, filling the sidewalk and spilling onto the street. The officers did not plan to interfere with Feiner’s speech. However, because pedestrians needed to walk in the trafficked street to go around the crowd, the officers attempted to get the crowd back on the sidewalk. The crowd was restless, and some pushing and shoving ensued. By this time, Feiner was speaking loudly about rising up to fight for racial equality, and the crowd was becoming agitated. One onlooker told police that if they did not stop Feiner, the onlooker would. Concerned that violence would break out, the officers asked Feiner three times to stop speaking so that the crowd would disperse. He refused. At that point, the officers arrested Feiner, and he was charged with disorderly conduct, a misdemeanor under New York law. The trial court convicted Feiner based on his failure to obey reasonable police orders intended to prevent a breach of the peace and injury to passing pedestrians. The court concluded that the officers’ actions were motivated by a clear danger of disorder, not a desire to suppress Feiner’s speech. The state appeals court and the New York Court of Appeals, the state’s supreme court, affirmed. The United States Supreme Court granted certiorari to address Feiner’s claim that his conviction violated his constitutional right of free speech.