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This section contains the nature of the case and procedural background.

On April 25, 1969, 200 people -- students, their family members, and friends -- gathered next to school grounds. D, whose brother and twin sisters were attending the school, was part of this group. The demonstrators marched around on a sidewalk about 100 feet from the school building, which was set back from the street. Many carried signs which summarized the grievances: 'Black cheerleaders to cheer too'; 'Black history with black teachers'; 'Equal rights, Negro counselors.' Others, without placards, made the 'power to the people' sign with their upraised and clenched fists. Government witnesses reported that the demonstrators repeatedly cheered, chanted, baited policemen, and made other noise that was audible in the school; that hundreds of students were distracted from their school activities and lined the classroom windows to watch the demonstration; that some demonstrators successfully yelled to their friends to leave the school building and join the demonstration. Defense witnesses claimed that the demonstrators were at all times quiet and orderly; that they did not seek to violate the law, but only to 'make a point'; that the only noise was made by policemen using loudspeakers; that almost no students were noticeable at the schoolhouse windows; and that orderly school procedure was not disrupted. The police arrested 40 demonstrators including. D. D was tried and convicted of violating an 'anti-picketing' ordinance and an 'anti-noise' ordinance. D was fined $50. D appealed directly to the Supreme Court of Illinois. D claimed the ordinances had punished constitutionally protected activity. The court held that both ordinances were constitutional on their face. The Supreme Court granted certiorari.

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