Grayned v City of Rockford

1972

Venue: SCOTUS

Facts: Protesters picketing a school over racial inequality (in cheerleading, inter alia) run afoul of ordinances. Some men are arrested for picketing and for disturbing the school's operations.

Posture: Convicted at trial. Affirmed by IL SC. Cert. granted.

Issue: Are the anti-picketing and anti-school noise regulations either overbroad or vague?

Holding: Affirmed in part, reversed in part. The anti-picketing law is unconstitutional, but the noise one is fine.

Rule: A state regulation that impacts 1A rights can withstand scrutiny if it is narrowly tailored to a legitimate purpose.

Reasoning: This isn't vague: there's some interpretation necessary, but it doesn't criminalize thoughts, just things that cause actual disruption to school.

And it's not overbroad: it is constrained in terms of both time of day (i.e., while school is in session) and place (at a school).


Dicta: Douglas, dissenting: this is straight-up 1A speech, and it's about race, which is a poster-child 1A issue. Should have been reversed as to both counts.