Feiner v. New York 340 U.S. 315 (1951)

• Author: Martin Shapiro
• Pages: 1031

Page 1031

Feiner was convicted of BREACH OF THE PEACE for derogatory remarks concerning President HARRY S. TRUMAN which provoked hostility and some threats from a "restless" crowd. Two police officers, fearing violence, ordered Feiner to stop. When he refused, they arrested him. Feiner marked the post-1920s Court's first use of the CLEAR AND PRESENT DANGER rule to uphold the conviction of a speaker. Chief Justice FRED M. VINSON spoke for the majority. JUSTICE FELIX FRANKFURTER'S concurrence urged a balancing approach to replace the danger rule. This case, like TERMINIELLO V. CHICAGO (1949), raised the HOSTILE AUDIENCE problem.

MARTIN SHAPIRO

(1986)