Mock Trial Help? Involves Laws that punish speech, e.g. Criminal Syndicalism Act?
For a school project, I'm a prosecuting lawyer who has to provide an argument for punishing a person for his crime ("Richard Smith").
One Evening in March of 1950, Richard Smith, a student at Penn State University, was addressing an open-air meeting on a street corner in Philadelphia, Pennsylvania. Smith spoke to a mixed race crowd of about 75 people. He denounced various national and local officials and reportedly sought to "arouse the people and urge them to rise up in arms and fight for equal rights for the black." Two policemen, who had been watching from across the street, stepped in to urge people out of the path of traffic and back onto the sidewalk. After a while, the crowd became restless and unruly, and the officers believed that a fight was imminent. Some people in the crowd made comments to the officers about their inability to handle the crowd. At least one person threatened violence if the police didn't act. Several times over the next few minutes the police demanded that Smith cease speaking. Smith ignored them. Finally, the police arrested Smith, charging him with disorderly conduct. He was later convicted by a local court. Two Pennsylvania Appellate courts later upheld Smith's conviction, after which Smith took his case to the US Supreme Court.
I've already done some research and have made references to the Whitney v.California case and Gitlow v.New York case, but I would like to be informed of any similar cases/situations that can help bolster my argument.
- J PLv 710 years agoFavorite Answer
You might look at Chaplinsky v. New Hampshire.
- foranLv 44 years ago
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