Terminiello v. City of Chicago

337 U.S. 1 (1949)

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Terminiello v. City of Chicago

United States Supreme Court
337 U.S. 1 (1949)

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Facts

Father Arthur Terminiello (defendant) gave a controversial speech at a Chicago auditorium denouncing alleged communists in the United States. Angry protesters assembled outside. During the speech, Terminiello criticized the protestors, as well as certain racial and political groups. Despite police attempts to maintain order, several disturbances ensued. The City of Chicago (plaintiff) prosecuted Terminiello for a breach of the peace. Specifically, the city alleged that Terminiello had violated a city ordinance prohibiting speech that (1) stirred the public to anger, (2) invited dispute, (3) brought about a condition of unrest, or (4) created a disturbance. At trial, Terminiello argued that, as applied to him, the ordinance violated his First Amendment right to free speech. However, Terminiello did not object to the trial court instructing the jury using the ordinance’s full wording. The jury found Terminiello guilty. The Illinois Appellate Court and Illinois Supreme Court both upheld the trial verdict. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

Dissent (Jackson, J.)

Dissent (Vinson, C.J.)

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