edwards south carolina argued december decided february feeling aggrieved laws south carolina allegedly prohibited negro privileges petitioners negro high school college students peacefully assembled site state government peacefully expressed grievances citizens south carolina along legislative bodies south carolina told police officials must disperse within minutes pain arrest failed sang patriotic religious songs one leaders delivered religious harangue violence threat violence part part member crowd watching petitioners arrested convicted crime breach peace state said susceptible exact definition held arresting convicting punishing petitioners circumstances disclosed record south carolina infringed rights free speech free assembly freedom petition redress grievances rights guaranteed first amendment protected fourteenth amendment invasion pp reversed jack greenberg argued cause petitioners brief constance baker motley james nabrit iii matthew perry lincoln jenkins donald james sampson daniel mcleod attorney general south carolina argued cause respondent brief coleman everett brandon assistant attorneys general justice stewart delivered opinion petitioners number convicted magistrate columbia south carolina crime breach peace convictions ultimately affirmed south carolina granted certiorari consider claim convictions squared fourteenth amendment constitution substantial conflict trial evidence late morning march petitioners high school college students negro race met zion baptist church columbia noon walked separate groups south carolina state house grounds area two city blocks open general public purpose submit protest citizens south carolina along legislative bodies south carolina feelings dissatisfaction present condition discriminatory actions negroes general let know dissatisfied like laws prohibited negro privileges state removed already state house grounds petitioners arrived law enforcement officers advance knowledge petitioners coming group petitioners entered grounds driveway parking area known record horseshoe entered told law enforcement officials right citizen go state house grounds citizen long peaceful next half hour minutes petitioners small groups walked single file two abreast orderly way grounds group carrying placards bearing messages proud negro segregation time crowd onlookers collected horseshoe area adjacent sidewalks evidence suggest onlookers anything curious evidence threatening remarks hostile gestures offensive language part member crowd city manager testified recognized onlookers identify possible trouble makers subsequent testimony made clear nobody among crowd actually caused threatened trouble obstruction pedestrian vehicular traffic within state house grounds vehicle prevented entering leaving horseshoe area although vehicular traffic nearby street intersection slowed somewhat officer dispatched keep traffic moving number bystanders public sidewalks adjacent state house grounds moved asked impediment pedestrian traffic police protection scene times sufficient meet foreseeable possibility disorder situation circumstances thus described police authorities advised petitioners arrested disperse within minutes instead dispersing petitioners engaged city manager described boisterous loud flamboyant conduct later testimony made clear consisted listening religious harangue one leaders loudly singing star spangled banner patriotic religious songs stamping feet clapping hands minutes passed police arrested petitioners marched jail upon evidence state trial convicted petitioners breach peace imposed sentences ranging fine five days jail fine days jail affirming judgments south carolina said law state offense breach peace susceptible exact definition general definition offense follows general terms breach peace violation public order disturbance public tranquility act conduct inciting violence includes violation law enacted preserve peace good order may consist act violence act likely produce violence necessary peace actually broken lay foundation prosecution offense done unjustifiable unlawful tending sufficient directness break peace required actual personal violence essential element offense peace used law connection meant tranquility enjoyed citizens municipality community good order reigns among members natural right persons political society long established first amendment freedoms protected fourteenth amendment invasion gitlow new york whitney california stromberg california de jonge oregon cantwell connecticut circumstances case reflect exercise basic constitutional rights pristine classic form petitioners felt aggrieved laws south carolina allegedly prohibited negro privileges state peaceably assembled site state government peaceably expressed grievances citizens south carolina along legislative bodies south carolina told police officials must disperse pain arrest even sang patriotic religious songs one leaders delivered religious harangue violence threat violence part part member crowd watching police protection ample therefore far cry situation feiner new york two policemen faced crowd pushing shoving milling around least one member crowd threatened violence police act crowd pressing closer around petitioner officer speaker passes bounds argument persuasion undertakes incitement riot record barren evidence fighting words see chaplinsky new hampshire review case criminal convictions resulting evenhanded application precise narrowly drawn regulatory statute evincing legislative judgment certain specific conduct limited proscribed example petitioners convicted upon evidence violated law regulating traffic disobeyed law reasonably limiting periods state house grounds open public different case see cantwell connecticut garner louisiana concurring opinion petitioners convicted offense generalized words south carolina susceptible exact definition convicted upon evidence showed opinions peaceably expressing sufficiently opposed views majority community attract crowd necessitate police protection fourteenth amendment permit state make criminal peaceful expression unpopular views 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 unless shown likely produce clear present danger serious substantive evil rises far public inconvenience annoyance unrest room constitution restrictive view alternative lead standardization ideas either legislatures courts dominant political community groups terminiello chicago terminiello case courts south carolina defined criminal offense permit conviction petitioners speech stirred people anger invited public dispute brought condition unrest conviction resting grounds may stand chief justice hughes wrote stromberg california maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means opportunity essential security republic fundamental principle constitutional system statute upon face authoritatively construed vague indefinite permit punishment fair use opportunity repugnant guaranty liberty contained fourteenth amendment reasons conclude criminal convictions stand reversed footnotes police chief columbia testified men present addition state highway patrolmen south carolina law enforcement officers present believe positive believe three deputy sheriffs police chief columbia testified follows chief walk around state house building persons stayed horseshoe placed men grounds men make report persons disorderly walking around state house grounds normal circumstances men report scene reasonable assume disorderly conduct part persons since received report officers take granted yes negro college students students well demeaned well dressed orderly yes persons ca tell tell present group recognized possible trouble makers police chief anything placing people arrest occasion place arrest sir stated possible trouble makers whole testimony city manager supervisor city police object preserve peace law order right yet took official action people present possibly might done harm people took official action none taken creating disturbance particular people time anything make trouble police chief columbia testified group students walked along column twos sometimes two see ample room persons going direction opposite direction pass sidewalk say blocking sidewalk state house grounds police chief columbia testified times blocked sidewalk asked move obeyed commands yes nobody complained wanted use sidewalk complaints city manager testified ample time get ample police protection thought needed state house grounds yes ample police protection fault persons charge police department ample police protection city manager testified mcnayr action take instructed dave carter tell groups call tell groups group leaders must disperse must disperse manner already described give fifteen minutes time conversation dispersed dispersed direct chief police place arrest city manager testified already testified mcnayr believe order students dispersed within fifteen minutes yes disperse accordance order occurred asked chief police campbell direct men line students march place arrest march city jail county jail placed arrest placed arrest stipulated trial state house grounds occupied executive branch south carolina government legislative branch judicial branch period covered warrant matter wit march legislature south carolina session section code laws south carolina cum supp provides follows shall unlawful person except state officers employees persons lawful business buildings use driveways alleys parking spaces upon property state bounded assembly gervais bull pendleton streets columbia upon regular weekday saturdays holidays excepted hours whenever buildings open business park vehicle except spaces manner marked designated state budget control board cooperation highway department block impede traffic alleys driveways justice clark dissenting convictions petitioners negro high school college students breach peace south carolina law accepted binding upon us extent held violative petitioners constitutionally protected rights free speech free assembly freedom petition redress grievances petitioners course right peaceable assembly espouse cause petition view manner exercised rights means passive demonstration relates rather city manager columbia testified dangerous situation really building south carolina courts expressly found created actual interference traffic imminently threatened disturbance peace community since attack state courts findings accepts convictions binding extent petitioners conduct constituted breach peace difficult understand understatement facts reversal convictions priceless character first amendment freedoms gainsaid follow absolutes immune necessary state action reasonably designed protection society see cantwell connecticut schneider state reason duty consider context arrests made certainly city officials constitutionally prohibited refusing petitioners access state house grounds merely disagreed views see niemotko maryland south carolina courts found indication whatever case acts police officers taken subterfuge excuse suppression appellants views opinions undisputed city officials specifically granted petitioners permission assemble imposing requirement peaceful petitioners gathered state house grounds general assembly session large number almost marching carrying placards slogans segregation may jail bodies souls singing activity continued approximately minutes busy period crowd persons congregated front state house around area directly front entrance known horseshoe used vehicular well pedestrian ingress egress time efforts made city officials hinder petitioners rights free speech assembly rather police directed efforts traffic problems resulting petitioners activities large crowd gathered among city manager chief police recognized potential together students become massed around horseshoe closely vehicular pedestrian traffic materially impeded action petitioners taken city manager state intermediate found utmost good faith decided danger peace safety imminent even juncture orders issued city manager police break crowd persons arrests made instead approached recognized leader petitioners requested tell various groups petitioners disperse within minutes failing arrested even though city manager might honestly mistaken imminence danger certainly reasonable request city top executive officer effort avoid public brawl response petitioners leader defiance rather cooperation leader immediately moved group group among students delivering harangue according testimony record aroused fever pitch causing boisterousness singing stomping next minutes petitioners sang shall moved various religious songs stamped feet clapped hands conducted south carolina found noisy demonstration defiance dispersal orders ultimately petitioners arrested apparently planned beginning convicted evidence sufficiency challenge question thus seems whether state constitutionally prohibited enforcing laws prevent breach peace situation city officials good faith believe record shows disorder violence imminent merely activities constituting breach contain claimed elements constitutionally protected speech assembly answer cases clearly negative beginning south carolina courts premise petitioners entitled assemble voice dissatisfaction segregation enlargement constitutional protection conduct fallacious conclusion free speech necessarily includes right broadcast sound truck public streets kovacs cooper said thornhill alabama power duty state take adequate steps preserve peace protect privacy lives property residents doubted significantly holding petitioner picketing constitutionally protected case took pains differentiate picketing en masse otherwise conducted might occasion imminent aggravated danger ibid petitioners permitted without hindrance exercise rights free speech assembly arrests occurred situation arose officials scene considered dangerous disturbance imminent county found evidence clear officers motivated solely proper concern preservation order protection general welfare face actual interference traffic imminently threatened disturbance peace community affirming south carolina said action police reasonable motivated solely proper concern preservation order prevention interference traffic upon public streets sidewalks cantwell connecticut supra recognized hen clear present danger riot disorder interference traffic upon public streets immediate threat public safety peace order appears power state prevent punish obvious feiner new york upheld conviction breach peace situation dangerous found demonstration conducted one person crowd limited approximately compared present lineup demonstrators onlookers petitioner endeavoring arouse negro people whites urging rise arms fight equal rights one person city entirely different historical background exhorting adults youthful negro demonstrators aroused fever pitch crowd people undoubtedly hostile perhaps speech animated setting actions placards reading may jail bodies souls chanting shall moved accompanied stamping feet clapping hands created much greater danger riot disorder belief anyone conversant almost spontaneous combustion southern communities situation agree city manager action may well averted major catastrophe gravity danger surely needs explication imminence danger emphasized every stage proceeding complaints charging demonstrations tended directly immediate violence state affirmance authority feiner supra record shows steps backward standard clear present danger say police may intervene riot occurred like keeping doctor patient dies subscribe doctrine words brother frankfurter often emphasized exercise authority state decisions due process clause must construed abstract doctrinaire way disregarding local conditions pertinent therefore note members new york accepted finding feiner stopped listeners police officers disagreed views officers honestly concerned preventing breach peace said hague supra uncontrolled official suppression speaker made substitute duty maintain order conduct within allowable limits free speech police peace officers speaker well hearers power effectively preserve order displaced giving speaker complete immunity two police officers present minutes interfered apprehended imminence violence constitutional principle acting preserve order police must proceed crowd whatever size temper demonstrators concurring opinion feiner new york cases decided day unreported order richland county july appeal magistrate columbia south carolina affirmance order us writ certiorari supra note city manager testified follows relation mcnayr sidewalks around horseshoe lane vehicular traffic crowd distributed regard sidewalks roadways well conditions varied time time numerous times blocked almost completely probably many thirty forty persons sidewalks street area observe pedestrian traffic walkway yes condition condition extremely difficult pedestrian wanting get get many took street area even get street area sidewalk street blocked place traffic man intersection gervais main handle traffic pedestrians vehicular traffic lane blocked horseshoe city manager testified follows hear singing chanting anything nature student group yes describe best harangues described witnessed frankly everyone present area students began answering back shouts became boisterous stomped feet sang loud voices point judgment dangerous situation really building police chief testified follows chief questioned cross examination length appearance orderliness student group orderly times last describe activities last stated singing also getting certain instructions loud boisterous supra note