Stotland v. Pennsylvania, 1267

Citation398 U.S. 916,90 S.Ct. 1552,26 L.Ed.2d 83
Decision Date25 May 1970
Docket NumberNo. 1267,1267
PartiesJanet STOTLAND et al. v. Commonwealth of PENNSYLVANIA
CourtUnited States Supreme Court

PER CURIAM.

The appeal is dismissed for want of a substantial federal question.

Mr. Justice BRENNAN took no part in the consideration or decision of this case.

Mr. Justice DOUGLAS, dissenting.

In August 1967, the City Council of Philadelphia passed an ordinance authorizing the mayor to declare a state of emergency in the city, 'if he finds that the City or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously endanger the health, safety and property of the citizens.' When a state of emergency is declared, the mayor is authorized to 'prohibit or limit the number of persons who may gather or congregate * * * in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, or peaceably entering or leaving buildings.' The ordinance provides that the state of emergency shall exist 'not in excess of two weeks,' but that it may be 'extended for additional periods of two weeks.' There are no provisions for review of the mayor's decision to declare a state of emergency.

On April 4, 1968, the Reverend Martin Luther King., Jr., was assassinated. On April 5, 1968, at 9 p.m., the mayor proclaimed a limited state of emergency, effective until 6 a.m. on April 10, 1968, 'unless further extended,' and prohibited groups of 12 or more from gathering or congregating in any outdoor place, except in those situations authorized by the ordinance. The proclamation contained no specific factual findings to support the conclusion that a threat of 'civil disturbance,' 'disorder,' or 'riot' existed. The courts below, however, found that the proclamation was supported by various scattered acts of disorder occurring in the City of Philadelphia between the assassination and the proclamation, such as window breaking, damage to automobiles, false alarms of fire, and jostling of pedestrians, some of which occurred incident to demonstrations. There had been disorders in other cities after the assassination.

Appellants were arrested for peaceful, nonviolent participation in outdoor gatherings of 12 or more persons in violation of the proclamation. Three separate gatherings were involved.

1. Several weeks prior to the issuance of the proclamation, the Philadelphia Committee for Non-Violent Action made plans to protest the recommissioning of a battleship, which as to take place on April 6, 1968. A group of approximately 100 gathered at a park near the site of the recommissioning on April 6, planted a tree, and then sat around the tree holding hands and singing. A permit for this demonstration had been issued by the park commission. There were some speakers, but none of them advocated violence. There was no threat of hostility between the demonstrators and any spectators. There was no evidence of any type of disorder or interference with the activities of others. About 50 of these demonstrators were arrested for violating the proclamation. Among those arrested was appellant Countryman. At the time of this demonstration, more than 10,000 persons were congregated a few blocks away for the recommissioning ceremony. None of those attending that ceremony were arrested.

2. Prior to issuance of the proclamation, members of an organization called People for Human Rights arranged to go to the homes of three United States Congressmen in the Philadelphia area to petition for passage of the Civil Rights Act of 1968. Members of the organization gathered at the home of one of the Congressmen on April 7, 1968, depositing petitions in his mail slot and distributing petitions to passersby. The size of the group eventually grew to 12 persons, at which time these individuals were arrested for violating the proclamation. Appellant Achtenberg was among those arrested. The demonstration was entirely peaceful; there were no incidents of disorder; the demonstrators violated no law other than the proclamation.

3. On April 8, 1968, a meeting was held by University of Pennsylvania students to discuss the mayor's proclamation. A platform was set up on university property, and approxiamtely 200 to 250 people congregated to hear the various speakers. As part of the meeting, a police officer read the proclamation to the group. After being ordered to disperse, most of the group departed, but about 55 remained and peacefully submitted to arrest. Appellant Stotland was among the group arrested. There was no disruptive or disorderly conduct at this meeting. The speeches were not inflammatory. There was no allegation that the meeting created traffic problems, engendered the hostility of onlookers, or involved any breach of the peace.

In short, none of the three meetings in which the appellants took part were other than peaceful, orderly, and noninflammatory; none of them interfered with traffic or disrupted other activities; and none of them involved any violation of any law, save for the mayor's proclamation. This much was conceded by the courts below and is not disputed by the appellee.

At least since Hague v. CIO, 307 U.S. 496, 59 S.Ct. 954, 83 L.Ed. 1423 decided in 1939, the use of public property such as streets and parks has been deemed an important adjunct to the rights of free speech and assembly protected by the First Amendment....

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    • U.S. Court of Appeals — Second Circuit
    • June 25, 1979
  • New York Ass'n of Convenience Stores v. Urbach
    • United States
    • New York Supreme Court — Appellate Division
    • May 8, 1997
    ...citizens from civil disorder is within the legitimate police power of the State (see, Stotland v. Pennsylvania, 398 U.S. 916, 920, 90 S.Ct. 1552, 1554, 26 L.Ed.2d 83 [Douglas, J., dissenting] ), but note that the exercise of that power is never paramount to the right of equal protection, sa......
  • United States v. Chalk
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • May 6, 1971
    ...may threaten the very existence of the State is certainly within the police power of government." Stotland v. Pennsylvania, 398 U.S. 916, 920, 90 S.Ct. 1552, 1555, 26 L.Ed.2d 83 (1970) (Douglas, J. dissenting from the dismissal of an appeal for lack of a substantial federal question). North......
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