Recent Cases: Constitutional Law — Freedom of Speech — Conviction for Speaking After Having Been Wrongfully Denied License To Do So

Authors

Alan J. Garfinkle, University of Nebraska College of Law

Abstract

Defendant, a Jehovah's Witness, was convicted of conducting a public meeting in a city park without first obtaining the license re­quired by city ordinance. Defendant maintained that he had applied for such license, but had been wrongfully denied it. The New Hamp­shire Supreme Court held the ordinance valid, and the conviction binding, notwithstanding the wrongfulness of the refusal to grant the license. Upon appeal to the United States Supreme Court, held: conviction affirmed. The refusal to grant the license was a wrongful contravention of purely ministerial powers conferred by the ordinance; but such wrongfulness was no defense to defendant's violation of the ordinance by proceeding with the speech. His only remedy would have been a mandamus action.

Recommended Citation

Alan J. Garfinkle, Recent Cases: Constitutional Law — Freedom of Speech — Conviction for Speaking After Having Been Wrongfully Denied License To Do So, 33 Neb. L. Rev. 98 (1953)
Available at: https://digitalcommons.unl.edu/nlr/vol33/iss1/15