A person or group of people is considered a captive audience when they are forced to hear a message. At a college or university, this may include students who are required to sit and listen to a speech or program designed to convince or compel them to adopt a political and/or social orthodoxy.

Opinions & Commentaries

New York City has adopted an ordinance which makes it unlawful to hold public worship meetings on the streets *291 without first obtaining a permit from the city police commissioner.[1] Appellant, Carl Jacob Kunz, was convicted and fined $10 for violating this ordinance by holding a religious meeting without a permit. The conviction was *292 affirmed by the Appellate Part of the Court of Special Sessions, and by the New York Court of Appeals, three judges dissenting, 300 N. Y. 273, 90 N. E. 2d 455 (1950). The case is here on appeal, it having been urged that the ordinance is invalid under the Fourteenth Amendment.

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The appellant here, Jack H. Breard, a regional representative of Keystone Readers Service, Inc., a Pennsylvania corporation, was arrested while going from door to door in the City of Alexandria, Louisiana, soliciting subscriptions for nationally known magazines. The arrest was solely on the ground that he had violated an ordinance because he had not obtained the prior consent of the owners of the residences solicited. Breard, a resident of Texas, was in charge of a crew of solicitors who go from house to house in the various cities and towns in the area under Breard's management and solicit subscriptions for nationally known magazines and periodicals, including among others the Saturday Evening Post, Ladies' Home Journal, Country Gentleman, Holiday, Newsweek, American Home, Cosmopolitan, Esquire, Pic, Parents, Today's Woman and True. These solicitors spend only a few days in each city, depending upon its size. Keystone sends a card from its home office to the new subscribers acknowledging receipt of the subscription and thereafter the periodical is forwarded to the subscriber by the publisher in interstate commerce through the mails.

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Appellants challenge the constitutionality of Title III of the Postal Revenue and Federal Salary Act of 1967, 81 Stat. 645, 39 U. S. C. § 4009 (1964 ed., Supp. IV), under which a person may require that a mailer remove his name from its mailing lists and stop all future mailings to the householder. The appellants are publishers, distributors, owners, and operators of mail order houses, mailing list brokers, and owners and operators of mail service organizations whose business activities are affected by the challenged statute.

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This case may seem at first blush too inconsequential to find its way into our books, but the issue it presents is of no small constitutional significance.

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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."

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418 U.S. 298 (1974) LEHMAN v. CITY OF SHAKER HEIGHTS ET AL. No. 73-328. Supreme Court of United States. Argued February 26-27, 1974. Decided June 25, 1974. CERTIORARI TO THE SUPREME COURT OF OHIO. Leonard J. Schwartz argued the cause for petitioner. With him on the brief were Stanley K. Laughlin, Jr., Harry J. Lehman, Melvin L. Wulf, and Joel M. Gora. *299 Paul R. Donaldson argued the cause for respondents. With him on the brief were Louis H. Orkin and H. Stephen Madsen. MR. JUSTICE BLACKMUN announced the judgment of the Court and an opinion, in which THE CHIEF […]

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This case presents a challenge to the facial validity of a Jacksonville, Fla., ordinance that prohibits showing films containing nudity by a drive-in movie theater when its screen is visible from a public street or place.

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In Bates v. State Bar of Arizona, 433 U. S. 350 (1977), this Court held that truthful advertising of "routine" legal services is protected by the First and Fourteenth Amendments against *449 blanket prohibition by a State. The Court expressly reserved the question of the permissible scope of regulation of "in-person solicitation of clients—at the hospital room or the accident site, or in any other situation that breeds undue influence—by attorneys or their agents or `runners.'" Id., at 366. Today we answer part of the question so reserved, and hold that the State—or the Bar acting with state authorization— constitutionally may discipline a lawyer for soliciting clients in person, for pecuniary gain, under circumstances likely to pose dangers that the State has a right to prevent.

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Petitioner Bessie Givhan was dismissed from her employment as a junior high English teacher at the end of the 1970-1971 school year.[1] At the time of petitioner's termination, respondent Western Line Consolidated School District was the subject of a desegregation order entered by the United States District Court for the Northern District of Mississippi. Petitioner filed a complaint in intervention in the desegregation action, seeking reinstatement on the dual grounds that *412 nonrenewal of her contract violated the rule laid down by the Court of Appeals for the Fifth Circuit in Singleton v. Jackson Municipal Separate School District, 419 F. 2d 1211 (1969), rev'd and remanded sub nom. Carter v. West Feliciana Parish School Board, 396 U. S. 290 (1970), on remand, 425 F. 2d 1211 (1970), and infringed her right of free speech secured by the First and Fourteenth Amendments of the United States Constitution. In an effort to show that its decision was justified, respondent School District introduced evidence of, among other things,[2] a series of private encounters between petitioner and the school principal in which petitioner allegedly made "petty and unreasonable demands" in a manner variously described by the principal as "insulting," "hostile," "loud," and "arrogant." After a two-day bench trial, the District Court held that petitioner's termination had violated the First Amendment. Finding that petitioner had made "demands" on but two occasions and that those demands *413 "were neither `petty' nor `unreasonable,' insomuch as all the complaints in question involved employment policies and practices at [the] school which [petitioner] conceived to be racially discriminatory in purpose or effect," the District Court concluded that "the primary reason for the school district's failure to renew [petitioner's] contract was her criticism of the policies and practices of the school district, especially the school to which she was assigned to teach." App. to Pet. for Cert. 35a. Accordingly, the District Court held that the dismissal violated petitioner's First Amendment rights, as enunciated in Perry v. Sindermann, 408 U. S. 593 (1972), and Pickering v. Board of Education, 391 U. S. 563 (1968), and ordered her reinstatement.

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