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

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FEINER v. NEW YORK 340 U.S. 315 (1951)

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

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

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