United States Supreme Court
414 U.S. 105 (1973)
Gregory Hess (defendant) was arrested for disorderly conduct during an antiwar demonstration on a university campus. During the demonstration, a group of protesters gathered in the street to block passage of a police car transporting arrested protesters. A group of officers proceeded down the street and the protestors moved to the sidewalks. Hess was arrested after one of the officers allegedly heard him shout an obscenity. Witnesses testified that Hess had shouted “We’ll take the fucking street later,” or “We’ll take the fucking street again.” The witnesses testified that Hess appeared to be making a general exclamation to nobody in particular, even though he was facing the crowd of protestors at the time. The witnesses also testified that Hess’ exclamation was no louder than the shouts of others in the crowd at the time. Hess was convicted of disorderly conduct and appealed his conviction up to the state supreme court. The state supreme court upheld Hess’ conviction on a finding that his exclamation was intended to encourage the crowd to engage in illegal activity and was likely to have that effect. Hess’ appealed to the Supreme Court of the United States.
Rule of Law
Holding and Reasoning (Per Curiam)
Dissent (Rehnquist, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.