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Hess v. Indiana, 414 U.S. 105 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hess v. Indiana, 414 U.S. 105 (1973)
Hess v. Indiana No. 73-5290 Decided November 19, 1973 414 U.S. 105
APPEAL FROM THE SUPREME COURT OF INDIANA
Syllabus
Appellant, who was arrested during an anti-war demonstration on a college campus for loudly stating, "We’ll take the fucking street later (or again)," was subsequently convicted for violating the Indiana disorderly conduct statute. The State Supreme Court affirmed, relying primarily on the trial court’s finding that the statement "was intended to incite further lawless action on the part of the crowd in the vicinity of appellant, and was likely to produce such action."
Held: Appellant’s language did not fall within any of the "narrowly limited classes of speech" that the States may punish without violating the First and Fourteenth Amendments, and, since the evidence showed that the words he used were not directed to any person or group and there was no evidence that they were intended and likely to produce imminent disorder, application of the statute to appellant violated his rights of free speech. Brandenburg v. Ohio, 395 U.S. 444. See also Terminiello v. Chicago, 337 U.S. 1, 4. ___ Ind. ___, 297 N.E.2d 413, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Hess v. Indiana, 414 U.S. 105 (1973) in 414 U.S. 105 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ACIB8JURYCL5LK3.
MLA: U.S. Supreme Court. "Syllabus." Hess v. Indiana, 414 U.S. 105 (1973), in 414 U.S. 105, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ACIB8JURYCL5LK3.
Harvard: U.S. Supreme Court, 'Syllabus' in Hess v. Indiana, 414 U.S. 105 (1973). cited in 1973, 414 U.S. 105. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ACIB8JURYCL5LK3.
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