grayned city rockford argued january decided june antipicketing ordinance virtually identical one invalidated violative equal protection police department chicago mosley ante likewise invalid antinoise ordinance prohibiting person grounds adjacent building school session willfully making noise diversion disturbs tends disturb peace good order school session unconstitutionally vague overbroad ordinance vague since fair warning prohibits actual imminent willful interference normal school activity broad invitation discriminatory enforcement cox louisiana coates cincinnati distinguished ordinance overbroad unduly interfering first amendment rights since expressive activity prohibited materially disrupts classwork tinker des moines school district pp affirmed part reversed part marshall delivered opinion burger brennan stewart white powell rehnquist joined blackmun filed statement joining judgment part opinion concurring result part ii opinion post douglas filed opinion dissenting part joining part opinion post sophia hall argued cause appellant briefs william ming aldus mitchell william collins argued cause appellee brief curtis washburn charles thomas justice marshall delivered opinion appellant richard grayned convicted part demonstration front west senior high school rockford illinois negro students school first presented grievances school administrators principal took action crucial complaints public demonstration protest planned april approximately people students family members friends gathered next school grounds appellant whose brother twin sisters attending school part group demonstrators marched around sidewalk feet school building set back street many carried signs summarized grievances black cheerleaders cheer black history black teachers equal rights negro counselors others without placards made power people sign upraised clenched fists respects evidence appellant trial sharply contradictory government witnesses reported demonstrators repeatedly cheered chanted baited policemen made noise audible school hundreds students distracted school activities lined classroom windows watch demonstration demonstrators successfully yelled friends leave school building join demonstration uncontrolled latenesses period changes school far greater usual late students admitting watching demonstration general orderly school procedure disrupted defense witnesses claimed demonstrators times quiet orderly seek violate law make point noise made policemen using loudspeakers almost students noticeable schoolhouse windows orderly school procedure disrupted warning demonstrators police arrested including appellant participating demonstration grayned tried convicted violating two rockford ordinances hereinafter referred antipicketing ordinance antinoise ordinance fine imposed violation since grayned challenged constitutionality ordinance appealed directly illinois sup rule claimed ordinances invalid face urge applied ordinances punished constitutionally protected activity illinois held ordinances constitutional face noted probable jurisdiction conclude antipicketing ordinance unconstitutional affirm respect antinoise ordinance time appellant arrest conviction rockford antipicketing ordinance provided person commits disorderly conduct knowingly pickets demonstrates public way within feet primary secondary school building school session hour school session hour school session concluded provided subsection prohibit peaceful picketing school involved labor dispute code ordinances ii antinoise ordinance reads pertinent part follows person public private grounds adjacent building school class thereof session shall willfully make assist making noise diversion disturbs tends disturb peace good order school session class thereof code ordinances vagueness although question close conclude antinoise ordinance impermissibly vague rejected appellant arguments proscribed conduct sufficiently specified police given broad discretion determining whether conduct proscribed although referred similar statutes recently construed upheld elaborate meaning antinoise ordinance situation justice frankfurter put must extrapolate allowable meaning relegated words ordinance interpretations given analogous statutes perhaps degree interpretation statute given charged enforcing extrapolation course delicate task within power construe narrow state laws warning find unconstitutional vagueness antinoise ordinance condemned use words never expect mathematical certainty language words rockford ordinance marked flexibility reasonable breadth rather meticulous specificity esteban central missouri state college blackmun cert denied think clear ordinance whole prohibits designed according preamble protection schools ordinance forbids deliberately noisy diversionary activity disrupts disrupt normal school activities forbids willful activity fixed times school session sufficiently fixed place adjacent school left words ordinance might troubled imprecision phrase tends disturb however chicago meyer chicago gregory reversed grounds illinois construed chicago ordinance prohibiting inter alia diversion tending disturb peace held permitted conviction imminent threat violence emphasis supplied see gregory chicago black concurring since meyer specifically cited opinion turn drew heavily gregory think proper conclude illinois interpret rockford ordinance prohibit actual imminent interference peace good order school although prohibited quantum disturbance specified ordinance apparent statute announced purpose measure whether normal school activity disrupted vague general breach peace ordinance statute written specifically school context prohibited disturbances easily measured impact normal activities school given particular context ordinance gives fair notice directed although rockford ordinance may precise statute upheld cameron johnson prohibited picketing manner obstruct unreasonably interfere free ingress egress courthouse think cameron ordinance clearly delineates reach words common understanding cox louisiana coates cincinnati appellant particularly relies presented completely different situations cox general breach peace ordinance construed state courts mean agitate arouse state repose molest interrupt hinder disquiet correctly concluded construed ordinance permitted persons punished merely expressing unpopular views coates ordinance punished sidewalk assembly three persons conduct manner annoying persons passing held part ordinance impermissibly vague enforcement depended completely subjective standard annoyance contrast rockford antinoise ordinance permit punishment expression unpopular point view contains broad invitation subjective discriminatory enforcement rockford claim broad power punish noises diversions vagueness terms dispelled ordinance requirements noise diversion actually incompatible normal school activity demonstrated causality disruption occurs noise diversion acts willfully done undesirables annoying conduct may punished ordinance permit people stand public sidewalk whim police officer rather must demonstrated interference school activities always enforcement requires exercise degree police judgment confined degree judgment permissible rockford city council made basic policy choices given fair warning prohibited ordinance defines boundaries sufficiently distinct citizens policemen juries appellate judges impermissibly vague overbreadth considering right municipality control use public streets expression religious political views start words justice roberts wherever title streets parks may rest immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions hague cio kunz new york see shuttlesworth birmingham right use public place expressive activity may restricted weighty reasons nature place pattern normal activities dictate kinds regulations time place manner reasonable although silent vigil may unduly interfere public library brown louisiana making speech reading room almost certainly speech perfectly appropriate park crucial question whether manner expression basically incompatible normal activity particular place particular time cases make clear assessing reasonableness regulation must weigh heavily fact communication involved regulation must narrowly tailored state legitimate interest access streets sidewalks parks similar public places purpose exercising first amendment rights constitutionally denied broadly free expression must guise regulation abridged denied light general principles think rockford ordinance unconstitutional regulation activity around school touchstone tinker des moines school district considered question accommodate first amendment rights special characteristics school environment tinker held des moines school district punish students wearing black armbands school protest vietnam war recognizing wide exposure robust exchange ideas important part educational process nurtured concluded free expression barred school campus made clear undifferentiated fear apprehension disturbance enough overcome right freedom expression particular expressive activity prohibited mere desire avoid discomfort unpleasantness always accompany unpopular viewpoint nowhere suggested students teachers anyone else absolute constitutional right use parts school building immediate environs unlimited expressive purposes expressive activity certainly restricted forbidden conduct materially disrupts classwork involves substantial disorder invasion rights others wearing armbands protected tinker students neither interrupted school activities sought intrude school affairs lives others caused discussion outside classrooms interference work disorder compare burnside byars butts dallas ind school district blackwell issaquena county board education tinker made clear school property may declared limits expressive activity students think clear public sidewalk adjacent school grounds may declared limits expressive activity members public case expressive activity may prohibited materially disrupts classwork involves substantial disorder invasion rights others tinker des moines school district ignoring reality recognize public schools community important institutions often focus significant grievances without interfering normal school activities daytime picketing handbilling public grounds near school effectively publicize grievances pedestrians school visitors deliverymen well teachers administrators students picketing end quiet peaceful way disturb normal functioning school example highly unusual classic expressive gesture solitary picket disrupts anything related school least public sidewalk open pedestrians hand schools hardly tolerate boisterous demonstrators drown classroom conversation make studying impossible block entrances incite children leave schoolhouse rockford antinoise ordinance goes tinker says municipality may go prevent interference schools narrowly tailored rockford compelling interest undisrupted school session conducive students learning unnecessarily interfere first amendment rights far impermissibly broad prophylactic ordinance rockford punishes conduct disrupts disrupt normal school activities decision made individualized basis given particular fact situation peaceful picketing interfere ordinary functioning school permitted ordinance gives license punish anyone saying recognize ordinance prohibits picketing neither violent physically obstructive noisy demonstrations disrupt incompatible normal school activities obviously within ordinance reach expressive conduct may constitutionally protected places times cf edwards south carolina cox louisiana next school classes session may prohibited antinoise ordinance imposes restriction expressive activity school session audience enters leaves school cox louisiana indicated special nature place persons constitutionally prohibited picketing near courthouse intent interfering obstructing impeding administration justice likewise cameron johnson upheld statute prohibiting picketing manner obstruct unreasonably interfere free ingress egress county courthouses two cases rockford modest restriction peaceful picketing represents considered specific legislative judgment kinds expressive activity restricted particular time place order protect schools reasonable regulation inconsistent first fourteenth amendments antinoise ordinance invalid face judgment affirmed part reversed part footnotes november antipicketing ordinance amended delete labor picketing proviso rockford notes amendment deletion course effect appellant personal situation brief necessarily must consider facial constitutionality ordinance effect appellant arrested convicted papachristou city jacksonville cramp board public instruction harriss jordan de george lanzetta new jersey connally general construction cohen grocery international harvester kentucky papachristou city jacksonville supra coates cincinnati gregory chicago black concurring interstate circuit dallas ashton kentucky giaccio pennsylvania shuttlesworth birmingham kunz new york saia new york thornhill alabama herndon lowry first amendment interests affected precise statute evincing legislative judgment certain specific conduct proscribed edwards south carolina assures us legislature focused first amendment interests determined governmental policies compel regulation see kalven concept public forum cox louisiana sup rev garner louisiana harlan concurring judgment baggett bullitt cramp board public instruction baggett bullitt supra quoting speiser randall see interstate circuit dallas supra ashton kentucky supra dombrowski pfister smith california winters new york stromberg california trial magistrate simply charged jury words ordinance complaint verdict form used slightly different language see infra garner louisiana concurring judgment coates cincinnati gooding wilson lake carriers assn macmullan cole richardson ehlert cf poe ullman photographs always true fertile legal imagination conjure hypothetical cases meaning disputed terms nice question american communications assn douds diversion defined webster third new international dictionary act instance diverting one course use another act instance diverting mind attention activity concern turning aside something turns mind serious concerns ordinary matters relaxes amuses cf cox louisiana near courthouse impermissibly vague see gregory chicago black concurring gooding wilson craig harney cf chaplinsky new hampshire statute punishing fighting words direct tendency cause acts violence upheld street new york cf chicago terminiello reversed grounds intermediate appellate courts illinois appear interpreted phrase tending chicago ordinance entirely least contexts chicago hansen app chicago holmes app chicago nesbitt app cf chicago williams app brief city rockford indicates sole concern actual disruption jury charged duty determining whether school disrupted defendant conduct matter caused contributed cause disruption brief appellee emphasis supplied theory city tried appellant case jury report supra although jury instructed words ordinance already noted supra challenge made rockford ordinance applied case american communications assn douds cf edwards south carolina cantwell connecticut similarly numerous cases condemned broadly worded licensing ordinances grant standardless discretion public officials free censor ideas enforce personal preferences shuttlesworth birmingham staub city baxley saia new york schneider state lovell griffin hague cio cf cox louisiana edwards south carolina tracking complaint jury verdict found grayned guilty ilfully causing diversion good order public school session school grounds school session wilfully make assist making diversion tended disturb peace good order school session class thereof shuttlesworth birmingham chicago fort case cited opinion see zwickler koota cases cited gooding wilson coates cincinnati dombrowski pfister cases cited kunz new york police department chicago mosley ante cox new hampshire kunz new york poulos new hampshire cox louisiana cox louisiana adderley florida food employees logan valley plaza shuttlesworth birmingham police department chicago mosley ante cases cited see generally emerson system freedom expression wright constitution campus vand rev cf cox louisiana adderley florida food employees logan valley plaza tinker des moines school district schneider state talley california saia new york cox new hampshire hague cio see generally kalven concept public forum cox louisiana sup rev de jonge oregon lovell griffin schneider state cantwell connecticut cox louisiana davis francois cf shelton tucker naacp button food employees logan valley plaza hague cio cf hague cio supra tinker recognized principle case limited expressive activity within school building see esteban central missouri state college blackmun cert denied jones board regents hammond south carolina state college supp sc cited tinker cf thornhill alabama goes without saying one exercise liberty expression appropriate places abridged plea may exercised place schneider state cf jones board regents supra cf barker hardway supp sd aff cert denied fortas concurring see jones board regents supra hammond south carolina state college supra compare scoville board education cert denied dickey alabama state board education supp md cited tinker different considerations course apply different circumstances example restrictions appropriate high school class hours inappropriate many open areas college campus assembly permitted outside dormitory inappropriate middle mathematics class noting need assure administration justice stages free outside control influence emphasized state may protect possibility conclusion public judge action part product intimidation flow fair orderly working judicial process quoting schneider state noted activity bears necessary relationship freedom distribute information opinion cf garner louisiana harlan concurring judgment cf adderley florida adderley held demonstrators barred jailhouse grounds ordinarily open public least demonstration obstructed jail driveway interfered functioning jail tinker noted school like hospital jail enclosure possible course unconstitutional applications matter presently concerns us see shuttlesworth birmingham supra justice douglas dissenting part join part opinion also reverse appellant conviction antinoise ordinance municipal ordinance case turns provides relevant part person public private grounds adjacent building school class thereof session shall willfully make assist making noise diversion disturbs tends disturb peace good order school session class thereof pickets mostly students included former students parents students concerned citizens made proposals school board demands turned hence picketing picketing mostly black students counseled advised faculty member school school contained students counseling students advised must quiet walk hand hand whispering talking policemen stationed nearby noise produced police used loudspeakers explain local ordinance announce arrests might made picketing stop demonstrators including appellant arrested picketing lasted minutes students went windows classrooms observe clear many picketing however orderly one officer testified orderly violence appellant made noise whatever justice roberts said hague cio never questioned wherever title streets parks may rest immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions use streets public places ancient times part privileges immunities rights liberties citizens privilege citizen use streets parks communication views national questions may regulated interest absolute relative must exercised subordination general comfort convenience consonance peace good order must guise regulation abridged denied school present picketing occurred center racial conflict pickets indeed students school dispute doubtless disturbed school blaring loudspeakers police certainly noise diversion meaning ordinance evidence appellant noisy boisterous rowdy walked quietly orderly manner read record disruptive force loosed school issue dealing race issue preeminently one solution first amendment means done entire picketing including appellant part done best first amendment tradition majority asserts appellant sole claim convicted facially unconstitutional ordinances therefore occasion consider whether activities protected first amendment ante appellant argues however ordinance overly broad punishes constitutionally protected activity statute may withstand overbreadth attack authoritatively construed susceptible application speech protected first fourteenth amendments gooding wilson ordinance applies appellant activities appellant activities constitutionally protected ordinance overly broad thus unconstitutional merit therefore suggestion question whether appellant particular behavior protected first amendment ante presented