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Constitutional Law Keyed to Choper
Hess v. Indiana
Citation:
414 U.S. 105 (1973)Facts
In May 1970, during an antiwar demonstration at Indiana University, approximately 100-150 demonstrators moved onto a public street, blocking traffic. When they failed to respond to verbal directions from the sheriff to clear the street, law enforcement officers began walking up the street, causing demonstrators to move to the curbs. As the sheriff passed by, Gregory Hess, who was standing on the curb, said either “We’ll take the fucking street later” or “We’ll take the fucking street again” in a loud voice. The sheriff immediately arrested Hess for disorderly conduct. Witnesses testified that Hess was facing the crowd, not the street, when he made the statement, that he did not appear to be exhorting the crowd to return to the street, and that his statement did not seem directed at any particular person or group.
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