Terminiello v. Chicago

337 U.S. 1 (1949)

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Nature of the Case

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Facts

D gave a speech in an auditorium in Chicago under the auspices of the Christian Veterans of America. The auditorium was filled to capacity with over eight hundred persons present. Others were turned away. When D arrived by car, there was a crowd of three or four hundred congregated there shouting and cursing and picketing; they were body to body and covered the sidewalk completely, some on the steps so that we had to form a flying wedge to get through. Police escorted D to the building, and there were four or five other officers there. Outside of the auditorium was a crowd of about 1500 or more persons to protest against the meeting. A cordon of policemen were assigned to the meeting to maintain order; but they were not able to prevent several disturbances. The crowd outside was angry. They were throwing stones and bricks all the time for over 1 hour. Attempts were made to force the front door, and the front door was forced partly. Howling and cursing could be heard audibly in the hall at times. Police were rushing in and out of the front door protecting the front door, and there was a general commotion, all kinds of noises and violence -- all from the outside. Officers looked out two or three times and each time ice-picks, stones, and bottles were thrown at the police at the door. In his speech, D condemned the conduct of the crowd outside and vigorously, if not viciously, criticized various political and racial groups whose activities he denounced as inimical to the nation's welfare. About 17 of the group outside were arrested by the police. D was prosecuted under a city ordinance prohibiting speech that 'stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance.' The trial court charged that 'breach of the peace' consists of any 'misbehavior which violates the public peace and decorum'; and that the 'misbehavior may constitute a breach of the peace if it stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance, or if it molests the inhabitants in the enjoyment of peace and quiet by arousing alarm.' P did not object. D maintained that the ordinance as applied to his conduct violated his right of free speech under the Federal Constitution. A judgment of conviction was affirmed by the Illinois Appellate Court and by the Illinois Supreme Court. The Supreme Court granted certiorari.