Valentine v. Chrestensen

• Decision Date: 13 April 1942
• Docket Number: No. 707,707
• Citation: 316 U.S. 52,62 S.Ct. 920,86 L.Ed. 1262
• Parties: VALENTINE v. CHRESTENSEN
• Court: U.S. Supreme Court

316 U.S. 52

62 S.Ct. 920

86 L.Ed. 1262

VALENTINE

v CHRESTENSEN.

No. 707.

Argued March 31, 1942.

Decided April 13, 1942.

Mr. William C. Chanler, of New York City(Messrs. Leo Brown and William B. Trafford, both of New York City, on the brief), for petitioner.

Mr. Walter W. Land, of New York City, for respondent.

Mr. Justice ROBERTSdelivered the opinion of the Court.

The respondent, a citizen of Florida, owns a former United States Navy submarine which he exhibits for profit.In 1940he brought it to New York City and moored it at a State pier in the East River.He prepared and printed a handbill advertising the boat and soliciting visitors for a stated admission fee.On his attempting to distribute the bill in the city streets, he was advised by the petitioner, as Police Commissioner, that this activity would violate § 318 of the Sanitary Code which forbids distribution in the streets of commercial and business advertising matter,¹ but was told that he might freely distribute handbills solely devoted to 'information or a public protest.'

Respondent thereupon prepared and showed to the petitioner, in proof form, a double-faced handbill.On one side was a revision of the original, altered by the removal of the statement as to admission fee but consisting only of commercial advertising.On the other side was a protest against the action of the City Dock Department in refusing the respondent wharfage facilities at a city pier for the exhibition of his submarine, but no commercial advertising.The Police Department advised that distribution of a bill containing only the protest would not violate § 318, and would not be restrained, but that distribution of the double-faced bill was prohibited.The respondent, nevertheless, proceeded with the printing of his proposed bill and started to distribute it.He was restrained by the police.

Respondent then brought this suit to enjoin the petitioner from interfering with the distribution.In his complaint he alleged diversity of citizenship; an amount in controversy in excess of $3,000; the acts and threats of the petitioner under the purported authority of § 318; asserted a consequent violation of § 1 of the Fourteenth Amendment of the Constitution; and prayed an injunction.The District Court granted an interlocutory injunction,² and after trial on a stipulation from which the facts appear as above recited, granted a permanent injunction.The Circuit Court of Appeals, by a divided court, affirmed.³

The question is whether the application of the ordinance to the respondent's activity was, in the circumstances, an unconstitutional abridgement of the freedom of the press and of speech.

1.This court has unequivocally held that the streets are proper places for the exercise of the freedom of communicating information and disseminating opinion and that, though the states and municipalities may appropriately regulate the privilege in the public interest, they may not unduly burden or proscribe its employment in these public thoroughfares.We are equally clear that the Constitution imposes no such...