cox louisiana argued october decided january appellant leader civil rights demonstration baton rouge louisiana negro students protesting segregation arrest imprisonment previous day negro students participated protest racial segregation group assembled blocks courthouse appellant identified officers group leader explained purpose demonstration following refusal disband group appellant led orderly march toward courthouse vicinity courthouse officers stopped appellant explaining purpose program demonstration told police chief hold meeting long confined west side street appellant directed group west sidewalk across street courthouse feet steps group standing five feet deep occupying almost entire block obstructing street displayed signs sang songs evoked response students courthouse jail appellant addressed group sheriff construing inflammatory appellant concluding exhortation students sit uptown lunch counters ordered dispersal group directly forthcoming effected tear gas appellant arrested next day convicted peace disturbance obstructing public passages courthouse picketing louisiana affirmed convictions two peace disturbance obstructing public passages involved case third courthouse picketing involved post held arresting convicting appellant circumstances disclosed record louisiana deprived rights free speech free assembly violation first fourteenth amendments edwards south carolina fields south carolina followed pp breach peace statute unconstitutionally vague overly broad scope louisiana defined breach peace agitate arouse state repose molest interrupt hinder disquiet yet one functions free speech invite dispute terminiello chicago stromberg california followed pp practice baton rouge allowing local officials unfettered discretion regulating use streets peaceful parades meetings notwithstanding prohibitions contained statute obstructing public passages abridged appellant freedom speech assembly violation first fourteenth amendments pp louisiana construed obstructing public passages statute applying public assemblies specific purpose obstructing traffic state right impose nondiscriminatory restrictions travel city streets rights free speech assembly mean everyone may address group public place time pp communication ideas picketing marching streets afforded kind protection first fourteenth amendments pure speech although statute face precludes street assemblies parades baton rouge authorities enforced uncontrolled discretion permitted parades street meetings pp lodging broad discretion public officials sanctions suppression free expression facilitates denial equal protection pp carl rachlin argued cause appellant brief robert collins nils douglas floyd mckissick ralph roy argued cause appellee brief jack gremillion attorney general louisiana justice goldberg delivered opinion appellant reverend elton cox leader civil rights demonstration arrested charged four offenses louisiana law criminal conspiracy disturbing peace obstructing public passages picketing courthouse consolidated trial judge without jury set facts acquitted criminal conspiracy convicted three offenses sentenced serve four months jail pay fine disturbing peace serve five months jail pay fine obstructing public passages serve one year jail pay fine picketing courthouse sentences cumulative accordance louisiana procedure louisiana reviewed disturbing peace obstructing public passages convictions certiorari courthouse picketing conviction appeal louisiana two judgments affirmed three convictions la la appellant filed two separate appeals judgments contending three statutes convicted unconstitutional face applied noted probable jurisdiction appeals case involves convictions disturbing peace obstructing public passages concerns conviction picketing courthouse facts next morning students left campus located approximately five miles downtown baton rouge walk city since drivers busses arrested moore also arrested entrance campus parked car equipped loudspeaker charged violation antinoise statute moore immediately taken jail vice president core chapter already jail picketing cox felt duty take demonstration see carried planned quickly drove city pick leadership keep things orderly cox arrived students assembling site old state capitol building two blocks courthouse cox walked cautioning students keep one side sidewalk getting ready march courthouse students circled block file two three abreast occupying half sidewalk police learned proposed demonstration night news media sources captain font city police department chief kling sheriff office two subordinate officials approached group spoke cox northeast corner capitol grounds cox identified group leader according font kling explained students demonstrating protest illegal arrest people held jail version cox witnesses throughout came protest arrest also protest evil discrimination kling asked cox disband group take back whence came cox acquiesce request told officers march courthouse say prayers sing hymns conduct peaceful program protest officer repeated request disband cox refused kling font returned car order report radio sheriff chief police immediate vicinity going students led cox began walk toward courthouse walked orderly peaceful file two three abreast one block east stopping way red traffic light center block joined another group students augmented group totaling turned corner proceeded south coming halt next block opposite courthouse cox still head group approached vicinity courthouse stopped captain font inspector trigg brought police chief wingate white standing middle louis street chief inquired purpose demonstration cox reading prepared paper outlined program white stating include singing star spangled banner freedom song recitation lord prayer pledge allegiance short speech white testified told cox must confine demonstration west side street white added course mean import giving permission presented situation accomplished make decision cox testified officials agreed permit meeting james erwin news director radio station wibr witness state present overheard conversation testified understanding allowed demonstrate stayed west side street stayed within recognized time agreed white students directed cox west sidewalk across street courthouse feet steps lined sidewalk five deep spread almost entire length block group obstruct street close noon lunch time small crowd curious white people mostly courthouse personnel gathered east sidewalk courthouse steps feet demonstrators eighty policemen including city state patrolmen members sheriff staff well members fire department fire truck stationed street two groups rain fell throughout demonstration several students took beneath coats picket signs similar used day signs bore legends buy discrimination christmas sacrifice christ buy named stores proclaimed unfair sang god bless america pledged allegiance flag prayed briefly sang one two hymns including shall overcome students locked jail cells courthouse building sight demonstrators responded singing turn greeted cheers applause demonstrators appellant gave speech described state witness follows said effect protest illegal arrest members people allowed picket said going commit violence anyone spit spit back person right lunch time let go eat twelve stores protesting number stores twenty counters accept money nineteen wo accept twentieth counter act racial discrimination stores open public members public pay taxes federal government live pay taxes state sheriff deeming testified cox appeal students sit lunch counters inflammatory took power microphone said allowed demonstrate demonstration less peaceful direct violation law disturbance peace got broken immediately testimony happened disputed state witnesses testified cox said move others stated made gesture defiance clear record however cox demonstrators break demonstration two sheriff deputies immediately started across street told group heard sheriff said said state witness testified put hands shoulders students though shove away almost immediately thereafter within time estimated variously two five minutes one policemen exploded tear gas shell crowd followed several shells demonstrators quickly dispersed running back towards state capitol downtown area cox tried calm ran one last leave negroes participating demonstration arrested day person arrested young white man part demonstration arrested causing disturbance next day appellant arrested charged four offenses described ii breach peace conviction whoever intent provoke breach peace circumstances breach peace may occasioned thereby crowds congregates others upon public street public highway upon public sidewalk public place building fails refuses disperse move ordered law enforcement officer municipality parish act acts committed law enforcement officer state louisiana authorized person shall guilty disturbing peace la rev stat cum supp louisiana courts held appellant conduct constituted breach peace state law edwards may accept decision binding upon us extent edwards south carolina supra independent examination record required make shows conduct state right prohibit breach peace appellant led group young college students wished protest segregation discrimination negroes arrest fellow students assembled peaceably state capitol building marched courthouse sang prayed listened speech reading record reveals agreement part state witnesses cox demonstration well controlled end cox speech group perfectly orderly sheriff clemmons testified crowd activities objectionable time became objectionable according sheriff cox concluding speech urged students go uptown sit lunch counters sheriff testified sole aspect program objected inflammatory manner cox addressed crowd told go town go four places protest list sit feed sit one hour yet part cox speech obviously deprive demonstration protected character constitution free speech assembly see edwards south carolina supra cantwell connecticut thornhill alabama garner louisiana concurring opinion justice harlan state argues however demonstrators started orderly loud cheering clapping students response singing jail converted peaceful assembly riotous one record however support assertion true students response singing fellows custody cheered applauded however meeting outdoor meeting key state witness testified singing loud disorderly moreover indication mood students ever hostile aggressive unfriendly conclusion entire meeting beginning dispersal tear gas orderly riotous confirmed film events taken television news photographer offered evidence state exhibit viewed film reveals students though undoubtedly cheered clapped throughout brother black concurring opinion dissenting post agrees record show boisterous violent conduct indecent language part students post singing cheering seem us differ significantly constitutionally protected activity demonstrators edwards loudly sang stamping feet clapping hands edwards south carolina supra conclusion record support contention students cheering clapping singing constituted breach peace confirmed fact relied basis conviction trial judge rather stated reason convicting cox disturbing peace must recognized inherently dangerous breach peace bring people colored people predominantly white business district city baton rouge congregate across street courthouse sing songs described defendant core national anthem carrying lines black white together urge people descend upon lunch counters sit served inherent breach peace statute made finally state contends conviction sustained fear expressed state witnesses violence erupt demonstration virtually undisputed however students violent threatened violence fear violence seems based upon reaction group white citizens looking across street one state witness testified felt situation getting hand courthouse side louis street small knots groups white citizens muttering words seemed little bit agitated police officer stated reaction white crowd violent rumblings others felt atmosphere became tense mutterings grumbling jeering white group indication however member white group threatened violence small crowd estimated separated students eighty armed policemen including every available shift city police sheriff office full complement additional help state police along fire truck fire department inspector trigg testified handled crowd situation like edwards far cry situation feiner new york see edwards south carolina supra evidence fighting words see chaplinsky new hampshire edwards evidence showed opinions students peaceably expressing sufficiently opposed views majority community attract crowd necessitate police protection edwards south carolina supra conceding compelling answer constitutional rights may denied simply hostility assertion exercise watson memphis additional reason conviction sustained statute issue case authoritatively interpreted louisiana unconstitutionally vague overly broad scope statutory crime consists two elements congregating others intent provoke breach peace circumstances breach peace may occasioned refusal move ordered law enforcement officer second part offense narrow specific first element louisiana case defined term breach peace agitate arouse state repose molest interrupt hinder disquiet edwards defendants convicted crime similarly defined south carolina definitions allow persons punished merely peacefully expressing unpopular views yet function free speech system government invite dispute may indeed best serve high purpose induces condition unrest creates dissatisfaction conditions even stirs people anger speech often provocative challenging may strike prejudices preconceptions profound unsettling effects presses acceptance idea freedom speech protected censorship punishment room constitution restrictive view alternative lead standardization ideas either legislatures courts dominant political community groups terminiello chicago terminiello convictions allowed stand trial judge charged speech defendants punished breach peace stirs public anger invites dispute brings condition unrest creates disturbance molests inhabitants enjoyment peace quiet arousing alarm louisiana statute interpreted louisiana least likely allow conviction innocent speech charge trial judge terminiello therefore terminiello edwards conviction statute must reversed statute unconstitutional sweeps within broad scope activities constitutionally protected free speech assembly maintenance opportunity free political discussion basic tenet constitutional democracy chief justice hughes stated stromberg california statute upon face authoritatively construed vague indefinite permit punishment fair use opportunity repugnant guaranty liberty contained fourteenth amendment reasons hold appellant freedoms speech assembly secured first amendment applied fourteenth amendment denied conviction disturbing peace conviction charge stand iii obstructing public passages conviction obstructing public passages person shall wilfully obstruct free convenient normal use public sidewalk street highway bridge alley road passageway entrance corridor passage public building structure watercraft ferry impeding hindering stifling retarding restraining traffic passage thereon therein providing however nothing herein contained shall apply bona fide legitimate labor organization legal activities picketing lawful assembly concerted activity interest members purpose accomplishing securing favorable wage standards hours employment working conditions appellant however contends construed applied case statute unconstitutional infringement freedom speech assembly contention facts presented raises issue dealt many decisions right state municipality regulate use city streets facilities assure safety convenience people use concomitant right people free speech assembly see lovell griffin hague cio schneider state thornhill alabama cantwell connecticut cox new hampshire largent texas saia new york kovacs cooper niemotko maryland kunz new york poulos new hampshire decisions certain clear principles emerge rights free speech assembly fundamental democratic society still mean everyone opinions beliefs express may address group public place time constitutional guarantee liberty implies existence organized society maintaining public order without liberty lost excesses anarchy control travel streets clear example governmental responsibility insure necessary order restriction relation designed promote public convenience interest susceptible abuses discriminatory application disregarded attempted exercise civil right circumstances entitled protection one justified ignoring familiar red light thought means social protest one contrary traffic regulations insist upon street meeting middle times square rush hour form freedom speech assembly governmental authorities duty responsibility keep streets open available movement group demonstrators insist upon right cordon street entrance public private building allow one pass agree listen exhortations see lovell griffin supra cox new hampshire supra schneider state supra cantwell connecticut supra giboney empire storage ice poulos new hampshire supra see also edwards south carolina supra emphatically reject notion urged appellant first fourteenth amendments afford kind freedom communicate ideas conduct patrolling marching picketing streets highways amendments afford communicate ideas pure speech see discussion cases cited post reaffirm statement giboney empire storage ice supra never deemed abridgment freedom speech press make course conduct illegal merely conduct part initiated evidenced carried means language either spoken written printed occasion case consider constitutionality uniform consistent nondiscriminatory application statute forbidding access streets public facilities parades meetings although statute involved face precludes street assemblies parades applied enforced baton rouge authorities city officials testified state clearly indicated certain meetings parades permitted baton rouge even though effect obstructing traffic provided prior approval obtained confirmed oral argument counsel state stated parades meetings permitted based arrangements made officials statute provides standards determination local officials assemblies permit prohibit administrative regulations subject called attention evidence us appears authorities baton rouge permit prohibit parades street meetings completely uncontrolled discretion situation thus statute expressly provided peaceful parades demonstrations unbridled discretion local officials pervasive restraint freedom discussion practice authorities statute less effective statute expressly permitting selective enforcement long line cases makes clear state municipality require wish disseminate ideas present first police authorities consideration approval discretion police say ideas may others may disseminate schneider state supra see lovell griffin supra hague cio supra largent texas supra saia new york supra niemotko maryland supra kunz new york supra recognized lodging broad discretion public official allows determine expressions view permitted thus sanctions device suppression communication ideas permits official act censor see saia new york supra also inherent system allowing parades meetings prior permission official obvious danger right person group denied equal protection laws see niemotko maryland supra cf yick wo hopkins clearly unconstitutional enable public official determine expressions view permitted engage invidious discrimination among persons groups either use statute providing system broad discretionary licensing power case equivalent system selective enforcement extremely broad prohibitory statute course undisputed appropriate limited discretion properly drawn statutes ordinances concerning time place duration manner use streets public assemblies may vested administrative officials provided limited discretion exercised uniformity method treatment upon facts application free improper inappropriate considerations unfair discrimination systematic consistent order treatment reference convenience public use highways cox new hampshire supra see poulos new hampshire supra clear practice baton rouge allowing unfettered discretion local officials regulation use streets peaceful parades meetings unwarranted abridgment appellant freedom speech assembly secured first amendment applied fourteenth amendment follows therefore appellant conviction violating statute applied enforced must reversed reasons discussed judgment louisiana reversed reversed concurring opinion justice clark see post opinion justice white concurring part dissenting part see post footnotes varying versions record time demonstration take state version cox asked seven minutes cox version said speech take seven minutes whole program take minutes permission granted students demonstrate discussed greater length legal effect considered days cox participated demonstrators direct clinic sponsored core held mark church sheriff clemmons objection part speech testified follows objection part talk none whatever done said trouble whole thing done objection assembled side street making speech sir objection sheriff clemmons objected strongly words testified follows part speech became objectionable assembled inflammatory manner addressed crowd told go town go four places protest list sit feed sit one hour exact sequence events unclear record described differently state defense also state witnesses seems reasonably certain however response singing jail end cox speech muttering grumbling white onlookers took place approximately time claim constitutionally protected right involved remains duty case make independent examination whole record edwards south carolina blackburn alabama pennekamp florida fiske kansas area first amendment freedoms well areas involving constitutionally protected rights avoid responsibilities permitting completely bound state determination issue essential decision claim federal right else federal law frustrated distorted fact finding haynes washington stein new york cheering shouting described differently different witnesses extravagant descriptions following jumbled roar like people cheering football game loud cheering spontaneous clapping screaming great great outburst cheer conquest much wilder football game loud reaction disorderly loud shout roar emotional response jubilation exhortation appellant agreed group became emotional tears flowed young ladies eyes much testimony demonstrators well controlled basically orderly throughout dupre litton attorney witness state testified say orderly demonstration large group opinion congregate place particular time nothing opinion generally orderly robert durham news photographer wbrz state witness testified although demonstration quiet peaceful basically orderly james erwin news director wibr witness state testified follows demonstration generally orderly yes reverend cox well controlled orderly point throwing tear gas one minor outburst called sitins minor reaction loud reaction disorderly loud loud reaction singing occurred upstairs moreover significantly demonstrators fields south carolina supra involved students witnesses concluded breach peace threatened occurred based conclusions upon shouting cheering upon fact group demonstrating upon cox suggestion group sit upon reaction white onlookers across street rush biossat state witness testified appellant say anything violent nature emotional upset feeling disturbance air agitation thought however caused cox remarks black white together james erwin state witness news director wibr testified considerable stirring restiveness among white group also stated reaction white group cox speech electrifying hear grumbling small groups white people total two hundred fifty perhaps definite feeling ill sprung afraid violence erupt also thought cox group control want violence johnston police officer witness state felt disorderly part demonstration cox suggestion group sit vay carpenter mary legal secretaries witnesses state thought mood crowd changed time cox speech became tense thought suggestion chief kling sheriff office testifying state said situation became one explosive one gotten point handled gotten hand however based opinion upon mere presence people downtown baton rouge great numbers police captain font also testified state situation explosive based opinion came large group like coming nowhere coming filling streets filling sidewalks prepared traffic officers handle traffic situations advised going traffic situation sidewalk going blocked street going blocked advised came blocked added feared bloodshed based fear upon sheriff requested move move cheered conquest type tone displaying signs deliberate agitation people arrested day turned right around agitated next day prescribed manner also felt students displayed signs way agitating inspector trigg testified state actions figured going try storm courthouse take jail try get prisoners come protest however trigg based conclusions upon students marched capitol paraded front courthouse thought violent continued march around courthouse continued march things disrupts way living sheriff clemmons testified assembly became objectionable time cox speech sheriff objected inflammatory manner addressed crowd told go town go four places protest list sit feed sit one hour prior though coats signs picketing signs know coming next anything coat became inflammatory gestured go town take charge places business trying take charge courthouse close reading record seems reveal next evidence anyone thought shouting cheering constituted threatened breach peace argued exercise regulatory power streets public facilities state municipality reserve streets completely traffic facilities rest relaxation citizenry see kovacs cooper supra opinion justice jackson kunz new york supra justice jackson dissenting contrary however indicated least point open area must preserved outdoor assemblies see hague cio supra opinion justice roberts kunz new york supra niemotko maryland supra justice frankfurter concurring see generally poulos new hampshire supra niemotko maryland supra express exception course labor picketing exception points fact statute reaches beyond mere traffic regulation restrictions expression although cited neither party research disclosed existence local ordinance baton rouge baton rouge city code tit prohibits parade along street except accordance permit issued chief police similar ordinance existence fields south carolina supra fields ordinance irrelevant conviction case appellant charged violation existence ordinance never referred state courts involved case including one neither louisiana trial relied ordinance sustaining appellant convictions three statutes involved moreover since ordinance apparently sets forth standards determination chief police parades permit prohibit obvious constitutional problems arise appellant convicted parading violation see discussion text lovell griffin supra hague cio supra saia new york supra