Constitutional Law Keyed to Feldman
Feiner v. New York
Facts
The Petitioner, Mr. Feiner (Petitioner), was convicted for disorderly conduct after addressing a crowd of approximately eighty people and encouraging them to attend a Young Progressives of America meeting. He also was trying to persuade members of the crowd “rise up in arms” and “fight for” blacks’ equal rights. Some shoving and pushing resulted from his statements. Policemen stepped in at the request of an onlooker and it resulted in a fight. After Petitioner ignored the police officers’ requests to stop speaking, he was arrested. The state courts held that the officers in making the arrest were motivated purely by concern for the preservation of order and protection of the general welfare and that there was no evidence supporting a claim that the police officers’ acts were a cover for suppression of Petitioner’s views and opinions.
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