Kovacs v. Cooper (1940)
- Docket
- 9
- Decided
- 1940-1955-
Summary
Question: Did Trenton's Ordinance 430 violate the Free Speech Clause of the First Amendment as applied through the Fourteenth Amendment? Conclusion: No. In a 5-4 decision, the court affirmed the New Jersey Court of Errors and Appeals and upheld Kovacs' conviction. Writing for the three-justice plurality, Justice Stanley F. Reed reiterated that the "fundamental rights of the Bill of Rights are not absolute", and as in Saia v. New York , "the hours and place of public discussion can be controlled." Trenton was granted the authority to prevent "disturbing noises" and "protect the wellbeing and tranquility of a community." Since the ordinance furthered Trenton's interest in maintaining "the quiet and tranquility so desirable for city dwellers," the ordinance did not violate the Free Speech Clause. Justices Robert H. Jackson and Felix Frankfurter each concurred separately.