Kunz v. New York
Encyclopedia
Kunz v. New York, 340 U.S. 290
(1951), was a United States Supreme Court case finding a requirement mandating a permit to speak on religious issues in public was unconstitutional. It was argued October 17, 1950, and decided January 15, 1951, by vote of 8 to 1. Chief Justice Vinson
delivered the opinion for the Court. Justice Black
and Justice Frankfurter
concurred in the result only. Justice Jackson
dissented.
Kunz helped establish that government restrictions on speech must be narrowly tailored so that they do not inappropriately limit expression protected by the First Amendment. In Kunz, the Court held that laws giving public officials broad discretion to restrain speech about religious issues in advance are an invalid prior restraint in violation of the First Amendment
. The Court reversed the 1948 conviction of Baptist minister Carl J. Kunz for violating a New York City
ordinance
that prohibited religious services on public streets without a permit from the police commissioner. Although the ordinance specified no grounds for refusing permission to speak, Kunz was denied permits in 1947 and 1948 after he was accused of “scurrilous attacks” on Catholics and Jews under a previous permit.
Kunz's conviction for violating the ordinance was upheld by the Appellate Part of the Court of Special Sessions and by the New York Court of Appeals
. The Supreme Court said that New York's ordinance was too broad because it provided no standards that an administrator could use to determine who ought to receive permits to speak about religious issues.
In dissent, Justice Robert Jackson said Kunz had used “fighting words
” that were not protected by the First Amendment (see Unprotected Speech). He also criticized the Court for striking down the permit scheme when it had, in Feiner v. New York
(1951), allowed local officials the discretion to arrest volatile speakers during their presentations.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1951), was a United States Supreme Court case finding a requirement mandating a permit to speak on religious issues in public was unconstitutional. It was argued October 17, 1950, and decided January 15, 1951, by vote of 8 to 1. Chief Justice Vinson
Fred M. Vinson
Frederick Moore Vinson served the United States in all three branches of government and was the most prominent member of the Vinson political family. In the legislative branch, he was an elected member of the United States House of Representatives from Louisa, Kentucky, for twelve years...
delivered the opinion for the Court. Justice Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
and Justice Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
concurred in the result only. Justice Jackson
Robert H. Jackson
Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...
dissented.
Kunz helped establish that government restrictions on speech must be narrowly tailored so that they do not inappropriately limit expression protected by the First Amendment. In Kunz, the Court held that laws giving public officials broad discretion to restrain speech about religious issues in advance are an invalid prior restraint in violation of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. The Court reversed the 1948 conviction of Baptist minister Carl J. Kunz for violating a New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
that prohibited religious services on public streets without a permit from the police commissioner. Although the ordinance specified no grounds for refusing permission to speak, Kunz was denied permits in 1947 and 1948 after he was accused of “scurrilous attacks” on Catholics and Jews under a previous permit.
Kunz's conviction for violating the ordinance was upheld by the Appellate Part of the Court of Special Sessions and by the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
. The Supreme Court said that New York's ordinance was too broad because it provided no standards that an administrator could use to determine who ought to receive permits to speak about religious issues.
In dissent, Justice Robert Jackson said Kunz had used “fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
” that were not protected by the First Amendment (see Unprotected Speech). He also criticized the Court for striking down the permit scheme when it had, in Feiner v. New York
Feiner v. New York
Feiner v. New York, 340 US 315 was a United States Supreme Court case involving Irving Feiner's arrest for a violation of section 722 of the New York Penal Code, "inciting a breach of the peace," as he addressed a crowd on a street.- Facts :...
(1951), allowed local officials the discretion to arrest volatile speakers during their presentations.