Evening star., 1949-05-20
Supreme Court Ruling
On Ineiting 10 Riot
OF Little Help TO Police
Speech Freedom Opinion
Could Cuuse Authorities
To Let Mob Have Swuy
BY David Lalcrence

United States divides 5 to on
whether speaker can oe arrested
for making inflammatory remarks
that incite to riot, it makes the
case interesting to all the world
as an example of how carefully
the United States aims to preserve
freedom of speech as guaranteed
under the Constitution.
Justice Douglas, in ruling for
the majority, seems to think that
what the speaker said in this case
was within his rights even though
a mob stirred outside the audi
torium and the police were having
difficulty maintaining order or as
suring the safety of those inside
the meeting.
Justice Jackson and some of the
other justices in the minority held,
on the other hand. that what the
Illinois Supreme Court had de-
cided should have been affirmed
and that the local ordinance was
violated by the speaker.
There is no doubt that fine
line exists between freedom to
speak and freedom to incite others
to riot.
Holmes Opinion Recalled.
The late Justice Holmes, an out
standing liberal, once said in an
opinion that it was not freedom
of speech for any one to get up
in a crowded theater and cry
fire"
Obviously the answer lies in
what the speaker says and what
incitement there is in his words.
In the case under consideration,
1t may well be doubted whether
those gathered outside the hall
before the meeting began cared
very much what would oe said in
side. They just didn't want the
speakers to hold their meeting.
Freedom of speech has been de-
fined by Justice Holmes as free
dom for the thought we hate y
Obviously in this instance the
people outside the hall hated the
words of those inside because they
were uttering thoughts at variance
with their own. The question then
was whether a local ordinance
permitted the police to arrest the
speaker.
The case turned on a technical
ity. Justice Douglas dug up some
statements from the record which
were not advanced by either side
when the matter was before the
State courts or when the issue
was being argued by counsel be-
fore the. Supreme Court. Yet, so
anxious was the majority of the
Supreme Court to uphold what
they believed to be freedom Of
speech that they took the un-
precedented course Of deciding the
case on the basis of unargued
material in the trial record.
Plainly the ruling in the case
does not give much of guide in
future episodes of this kind. It
will be said that local police will
be powerless to arrest agitators
and those who incite to riot. 1t
will be said. on the other hand.
that freedom of speech will have
been enhanced as a constitutional
guarantee.
Question of Fact.
At what point in public speech
does a speaker incite to riot?
This is, after all, question OF
fact and it does seem regrettable
that the courts of Illinois or any
other State are not deemed COM
petent to judge whether provoca-
ton to riot does or does not exist.
Also it would appear that there
can be no freedom of speech any
way unless order can be secured
and it is not likely that local
police will get very far trying to
save speakers from mob which
wants to squelch an agitator.
There are dangers that police
will turn aside and let the mob
have it's way and thus fail to af-
ford proper protection If local
ordinances are to be construed so
strictly as to prevent the local
authorities from calling off meet
ings that might disturb the peace
or bring on violence, especially
when police reserves are made
quate to cope with the situation.
Common sense dictates that the
mere utterances of unpalatable
thoughts is one thing and the
hurting of epithets and invectiveS
against a class or sect or religious
group is something else.
Freedom of speech on the picket
line of labor disputes has been
construed to mean that epithets
may be leveled at those who do
not go along with the strikers.
This often leads to physical
violence. 1t leads also to wonder
ment as to whether the right to
work isn't as sacred as the right
to call somebody names who
wants to work.
Justice Douglas opinion was
undoubtedly prompted by the
highest motives but, as practical
solution of the police problems
arising out of riots and near riots
in connection with mass meetings.
it is about as much help as the
spirit of intolerance which origin
ally brought on the dispute at the
auditorium in question.
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