Feiner v. New York
| Feiner v. New York | |
|---|---|
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| Argued October 17, 1950 Decided January 15, 1951 |
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| Full case name | Irving Feiner v. New York |
| Citations | 340 U.S. 315 (more)
71 S. Ct. 303; 95 L. Ed. 295; 1951 U.S. LEXIS 2249
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| Prior history | 300 N.Y. 391, 91 N.E.2d 316; certiorari to the Court of Appeals of New York |
| Holding | |
| Speech can be constitutionally limited based upon the reaction to it, given a content-neutral standard of enforcement. | |
| Court membership | |
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| Case opinions | |
| Majority | Vinson, joined by Reed, Jackson, Burton, Clark |
| Concurrence | Frankfurter |
| Dissent | Black |
| Dissent | Douglas, joined by Minton |
| Laws applied | |
| U.S. Const. amends I, XIV | |
Feiner v. New York, 340 U.S. 315 (1951), was a United States Supreme Court case involving Irving Feiner's arrest for a violation of section 722 of the New York Penal Code, "inciting a breach of the peace," as he addressed a crowd on a street.
On the evening of March 8, 1949, Irving Feiner was arrested after making an inflammatory speech to a mixed crowd of 75 or 80 black people and white people at the corner of South McBride and Harrison Streets in Syracuse, New York. Feiner, a college student, had been standing on a large wooden box on the sidewalk, addressing a crowd through a loud-speaker system attached to an automobile. He made derogatory remarks about President Harry S. Truman, the American Legion, the Mayor of Syracuse, and other local political officials. Chief Justice Vinson said that Feiner "gave the impression that he was endeavoring to arouse the Negro people against the whites, urging that they rise up in arms and fight for equal rights." Blocking the sidewalk and overflowing into the street in which there was oncoming traffic, the crowd became restless with some either voicing opposition or support for Feiner. An onlooker threatened violence if the police did not act. After having observed the situation for some time without interference, police officers, in order to prevent a fight, requested the petitioner to get off the box and stop speaking. After Feiner's third refusal, they arrested him. He was subsequently convicted of violating Section 722 of the Penal Code of New York, which, in effect, forbids incitement of a breach of the peace. Feiner claimed that his conviction violated his right of free speech under the First and Fourteenth Amendments to the United States Constitution.
In a 6–3 decision delivered by Chief Justice Fred M. Vinson, the Supreme Court upheld Feiner's arrest.
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