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Feiner v. New York - Significance, Sidewalk Speech

free court petitioner sunstein


Irving Feiner


State of New York

Petitioner's Claim

His First Amendment and free speech rights were violated.

Chief Lawyers for Petitioner

Sidney H. Greenberg and Emanuel Redfield

Chief Lawyer for Respondent

Dan J. Kelly

Justices for the Court

Harold Burton, Tom C. Clark, Felix Frankfurter, Robert H. Jackson, Stanley Forman Reed, Fred Moore Vinson (writing for the Court)

Justices Dissenting

Hugo Lafayette Black, William O. Douglas, Sherman Minton


Washington, D.C.

Date of Decision

15 January 1951


The Court ruled that Feiner's arrest did not hamper his right to free speech.

Related Cases

  • Terminiello v. Chicago, 337 U.S. 1 (1949).
  • Kunz v. New York, 340 U.S. 290 (1951).
  • Edwards v. South Carolina, 372 U.S. 229 (1963).


Sunstein, Cass R. Democracy and the Problem of Free Speech. New York: The Free Press, 1993.

Further Readings

  • Seidman, Louis M., Gerald R. Stone, Cass R. Sunstein, Mark V. Tushnet. Constitutional Law. Little, Brown and Company, 1986.
  • Lieberman, Jethro K. The Evolving Constitution.Random House, 1992.
Gertrude Morris Trial: 1952 - Extraordinary Defense Opening, Defendant Flees Courtroom [next] [back] Ezra Pound Trial: 1946 - "europe Calling! Pound Speaking!", "poor Old Ezra Is Quite, Quite Balmy"

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