Beauharnais v. Illinois (1940)
- Docket
- 118
- Decided
- 1940-1955-
Summary
Question: Did Beuharnais' conviction under the Illinois statute violate his constitutional right to free speech under the First and Fourteenth Amendments? Conclusion: In a 5-4 opinion authored by Justice Felix Frankfurter, the Court concluded that Beuharnais' speech amounted to libel and was therefore beyond constitutional protection. Citing the racial tensions of the day, the Court characterized Beuharnais' speech as provocative. The petition consisted of extreme racial and religious propaganda that was distributed to the public and was intended to have a strong emotional effect, so it properly fell within the ambit of the law and was not constitutionally protected. In his dissent, Justice Black (joined by Justice Douglas) argued that individuals rather than the state should determine the scope of issues that are appropriate for public discussion. Justices Reed and Jackson wrote separate dissenting opinions.