Permitting ordinances violate the first amendment

Reference no: EM133681682

Question

The year is 1943. America is embroiled in World War II. Three separate but related cases arise from a city ordinance requiring permits for public speeches and demonstrations. The first case involves a denied permit for a public mime show, the second a suppressed gathering of Nietzsche scholars (Nietzsche's writings are alleged to cause antisocial behavior), and the third a refusal of a permit for a pro-Nazi rally. The criteria for permit issuance are inconsistently applied and poorly defined in the first two cases. The statute upon which denial of the pro-Nazi gathering was predicated specified, "No gatherings supportive of a wartime enemy of the United States nor tending to undermine the war effort shall be permitted." The three cases are consolidated on appeal.

The appellants in all three cases contend that the permitting ordinances violate the First Amendment. The mimes and Nietzsche scholars argue that the vague and discretionary nature of the permit process allows for arbitrary enforcement. The Nazi sympathizers contend that peaceful coexistence with the Third Reich may yet be possible. The appellants collectively assert that permitting ordinances infringe upon their right to free speech.

Reference no: EM133681682

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