Rockwell v. Morris

Eager, J. (dissenting).

The order appealed from should be affirmed and the petition dismissed. The petitioner does not show a clear legal right to any relief herein; and, in any event, this court, in the exercise of discretion, should deny relief to the petitioner.

The petition herein alleges an application to the Commissioner of Parks of the City of New York for a permit to hold a speech on behalf of the “ American Nazi Party ” in a certain park, at a specified time on a certain date, to wit, ‘ ‘ for a permit to hold a speech in union" square * * * from three p.m. to five p.m. on July 4…