State v. Harvey

The ordinance which gives rise to these proceedings prohibits distribution in any public place of “any handbills, cards, papers or advertising matter of any kind or description.” It provides further that the ordinance shall not be construed to prohibit the sale of newspapers and periodicals.

The offense charged against the defendant consisted of his distribution at the entrance of the high school of a pamphlet published by him under the name of “The Greenleaf” which is said to have contained arguments in favor of world peace and against war.

In entering the nol pros the county attorney filed a…