FEINER V. NEW YORK
340 U.S. 315 (1951)
NATURE OF THE CASE: This is an appeal from a conviction for disorderly conduct.
FACTS: Feiner (D) addressed a street meeting, and attracted a crowd of about eighty
people. There were both whites and blacks in the crowd that gathered. D made sure everyone
from politicians, Truman, and the city mayor as well as the American Legion suffered his
wrath. D also told the blacks present to rise up in arms and fight the whites for equal
rights. The crowd was polarized in their feelings. There was shoving, muttering, threats and
an explosive atmosphere. In response to a complaint about the meeting, two police officers
arrived. They initially did nothing other than to make sure that the crowd did not block
traffic. D made remarks that stirred up the crowd even more. One person commented on the
police's inability to control the crowd, and another threatened violence if the police did
not act. But this was after almost 30 minutes from the time the police arrived. The officers
finally stepped in to prevent a fight, and asked D to stop speaking. D ignored them and
their repeated requests, and they arrested him for disorderly conduct. D was convicted
because his speech was found to create an imminent danger of disorder. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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