The United States Supreme court yesterday reversed the conviction of Rev. Arthur W. Terminiello, a Catholic priest, who was charged with breaching the peace by delivering an anti-Semitic speech in Chicago threes years ago. The decision, based on the argument that free speech must be maintained even when the speaker’s words stir people to anger and unrest, was reached by a five to four majority.
Rev. Terminiello, who was under suspension as a priest at the time he made his speech but who was later reinstated in a parish, spoke at a meeting sponsored by Gerald L.K. Smith and the Christian Veterans of America which attracted a hostile crowd of at least 1,000 persons. Following his arrest, Terminiello was convicted and fined $100 by a Chicago municipal Judge. The conviction was upheld in the Illinois Appellate and Supreme Courts.
The majority opinion, written by Associate Justice William O. Douglas for himself, and Justices Hugo L. Black, Frank Murphy, Wiley B. Rutledge and Stanley F. Reed, disputed the original trial Judge’s definition of a breach of the peace as in clouding a speech which “stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance.” Justice Douglas insisted that “a function of free speechis to invite dispute. It may indeed serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.”
Justice Robert H. Jackson, who wrote one of three dissents submitted by the minority, charged that in its decision the Court was indicating acceptance of the doctrine that “civil liberty means the removal of all restraints from these crowds and that all local attempts to maintain order are impairments of the liberty of citizen,” He added: “The choice is not between order and liberty.It is between liberty with order and anarchy without either.” Justice Jackson also said that Terminiello’s speech followed “with a fidelity that is more than coincidental the pattern of European fascist leaders.”
JTA has documented Jewish history in real-time for over a century. Keep our journalism strong by joining us in supporting independent, award-winning reporting.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
