Question

Chief Justice Fred M. Vinson s writings in Feiner v. New York conclude that freedom of speech must be protected at all costs, including a breach of the peace. True or False

Answer 1

The statement is true. In the case Feiner v. New York, Chief Justice Fred Vinson discussed in his opinion that the Court has used the “clear and present danger” principle. The chief justice believes that the arrest of Feiner was necessary in order to protect “the interest of the community in maintaining peace and order on its streets”. 

Answer 2

Answer:

False

Explanation:

Irving Feiner was a white student at Syracuse University who was arrested in 1949 for apparently inciting a breach of peace while delivering an inflammatory or provocative speech in which he promoted equal rights while talking in an insulting way about some local politicians, organizations, and President Truman. Apparently, the officials arrested him when they thought that a riot might occur.

In the Court, Feiner argued that his arrest violated his right to free speech stated in the First Amendment. However, the Court found him guilty. Chief Justice Fred M. Vinson supported this decision, in his writing he stated that a speaker can't be arrested based on the content of his speech, but of the reaction of the crowd towards it, therefore Feiner's arrest was valid because the crowd's reaction was a clear and present danger to the peace and order in the streets.