Feiner v. New York

The "sidewalk speaker" or "soapbox orator" has long been part of America's urban landscape. Espousing various themes, generally political or religious in nature, his/her exuberant free expression at times raises questions about the limits of First Amendment protection. The Supreme Court's role has been to find a balance between the right of the individual to make a speech on public property, the right of listeners to assemble, and the government's responsibility to maintain public order and safety.

The First Amendment protects public free speech from states' and municipalities' regulations. Using public places, such as streets and parks for communication of ideas, is a privilege of the citizens which may not be limited or denied. One function of speech is to invite dispute and arouse, even anger, its listeners. Government is constitutionally justified in repressing expression only if a breach of peace or violence is threatened or actually occurs. Unless a clear and present danger exists, speech may not be restrained.

The courts consistently reject any prior restraints placed on speech. However, if enforced in a nondiscriminatory manner, government can regulate the time, place, and manner of speech, particularly speech that may interfere with other rightful uses of the space.