BROWN
v.
OKLAHOMA
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Mr. Justice Powell,
concurring in the result.
The statute involved in this case is considerably broader than the statute involved in Rosenfeld v. New Jersey, ante, p. 901, and it has not been given a narrowing construction by the Oklahoma courts. Moreover, the papers filed in this case indicate that the language for which appellant was prosecuted was used in a political meeting to which appellant had been invited to present the Black Panther viewpoint. In these circumstances language of the character charged might well have been anticipated by the audience.
These factors lead me to conclude that this case is significantly different from Rosenfeld v. New Jersey, supra. I therefore concur in the Court’s disposition of this case.
[For dissenting opinion of Mr. Chief Justice Burger, see ante, p. 902.]
[For dissenting opinion of Mr. Justice Rehnquist, see ante, p. 909.] Certiorari Granted — Reversed. (See No. 71-5625, ante, p. 229; and No. 71-6497, ante, p. 234.)
Certiorari Granted — Remanded or Vacated and Remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fed. Commc'ns Comm'n v. Pacifica Found., 438 U.S. 726 (U.S. 1978)…nications containing some of the words found condemnable here are fully protected by the First Amendment in other contexts. See Eaton v. Tulsa, 415 U. S. 697 (1974); Papish v. University of Missouri Curators, 410 U. S. 667 (1973); Brown v. Oklahoma, 408 U. S. 914 (1972); Lewis v. New Orleans, 408 U. S. 913 (1972); Rosenfeld v. New Jersey, 408 U. S. 901 (1972); Cohen v. California, 403 U. S. 15 (1971). Yet despite the Court’s refusal to create a sliding scale of First Amendment protection calibrated to this…1 / 2
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Papish v. Bd. of Curators of the Univ. of Mo., 410 U.S. 667 (U.S. 1973)…d a number of cases involving the same expletive used in this newspaper headline. Cason v. City of Columbus, 409 U. S. 1053 (1972); Rosenfeld v. New Jersey, 408 U. S. 901 (1972); Lewis v. City of New Orleans, 408 U. S. 913 (1972); Brown v. Oklahoma, 408 U. S. 914 (1972). Cf. Keefe v. Geanakos, 418 F. 2d 359, 361 and n. 7 (CA1 1969). It is true, as Mr. Justice Rehnquist’s dissent indicates, that the District Court emphasized that the newspaper was distributed near the University’s memorial tower and conclude…
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Thomas v. Bd. OF Educ., 607 F.2d 1043 (2d Cir. 1979)…. City of Columbus, 409 U.S. 1053, 93 S.Ct. 565, 34 L.Ed.2d 507 (1972); Rosenfeld v. New Jersey, 408 U.S. 901, 92 S.Ct. 2479, 33 L.Ed.2d 321 (1972); Lewis v. City of New Orleans, 408 U.S. 913, 92 S.Ct. 2499, 33 L.Ed.2d 321 (1972); Brown v. Oklahoma, 408 U.S. 914, 92 S.Ct. 2507, 33 L.Ed.2d 326 (1972); Gooding v. Wilson, 405 U.S. 518, 92 S.Ct. 1103, 31 L.Ed.2d 408 (1972). In two instances Cohen was directly applied. Hess v. Indiana, 414 U.S. 105, 94 S.Ct. 326, 38 L.Ed.2d 303 (1973); Papish v. Board of Curat…
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