Feiner v. New York (1940)
- Docket
- 93
- Decided
- 1940-1955-
Summary
Question: Did Feiner's arrest for inciting a breach of the peace violate his right to free speech under the First Amendment? Conclusion: In a 6-3 opinion authored by Chief Justice Fred Vinson, the Court upheld Feiner’s arrest. The Court applied the "clear and present danger" principle it originally articulated in Schenck v. United States (1919). According to the Court, Feiner's arrest was a valid exercise of "the interest of the community in maintaining peace and order on its streets." The Court found that Feiner's First Amendment rights were not violated because his arrest came when the police thought that a riot might occur; the police attempted to suppress Feiner's message not based on its content but on the reaction of the crowd. The Court reaffirmed that a speaker cannot be arrested for the content of his speech. Justice Frankfurter wrote a concurring opinion. In his dissent, Justice Hugo Black argued the evidence did not show that the crowd was about to riot. Justices Douglas and Milton wrote a separate dissent.