Beauharnais v. Illinois

343 U.S. 250 (1952)

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Nature of the Case

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Facts

Beauharnais (D) was convicted in a state court for distributing on the streets of Chicago anti-Negro leaflets in violation of Ill. Rev. Stat., 1949, c. 38, § 471, which stated: “It shall be unlawful for any person, firm or corporation to manufacture, sell, or offer for sale, advertise or publish, present or exhibit in any public place in this state any lithograph, moving picture, play, drama or sketch, which publication or exhibition portrays depravity, criminality, unchastity, or lack of virtue of a class of citizens, of any race, color, creed or religion which said publication or exhibition exposes the citizens of any race, color, creed or religion to contempt, derision, or obloquy or which is productive of breach of the peace or riots. . . .' D had published a leaflet urging whites to prevent further encroachment by Negroes on the white race. D exhibited in public places lithographs, which publications portray depravity, criminality, unchastity or lack of virtue of citizens of Negro race and color and which exposes [sic] citizens of Illinois of the Negro race and color to contempt, derision, or obloquy . . . .' The lithograph complained of was a leaflet setting forth a petition calling on the Mayor and City Council of Chicago 'to halt the further encroachment, harassment and invasion of white people, their property, neighborhoods, and persons, by the Negro . . . .' Below was a call for 'One million self-respecting white people in Chicago to unite . . . .' with the statement added that 'If persuasion and the need to prevent the white race from becoming mongrelized by the negro will not unite us, then the aggressions . . . rapes, robberies, knives, guns, and marijuana of the negro, surely will.' This, with more language, similar if not so violent, concluded with an attached application for membership in the White Circle League of America, Inc. D was convicted of violating P's statute. D appealed, claiming that the statute deprived him of freedom of speech and press and was unconstitutionally vague. His conviction was affirmed by the Illinois Supreme Court, which identified the statute as 'a form of criminal libel law.' The U.S. Supreme Court agreed to review the conviction.