Legal Opinion
In re Clive W.
New York City Family Court
Decided July 8, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Aileen Haas Schwartz, J.
The real test of a free society is the law’s view of a confrontation between the constable and the citizen. That crucible assumes a special gravity when words are a part of the offending conduct.
*789Three issues are critical in the instant matter: Does the First Amendment immunize against criminal responsibility for unlawful conduct? May disorderly conduct (Penal Law, § 240.20), a violation, serve as the predicate “authorized arrest” for the crime of resisting arrest (Penal Law, § 205.30) in a juvenile delinquency proceeding? Does section 35.15 of the…
2Cases cited15 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Cox v. LouisianaSupreme Court of the United States · 1965
- Terminiello v. ChicagoSupreme Court of the United States · 1949
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. BauerWatertown City Court · 1994
- In re Christopher B.New York Family Court · 1984
- In re Terrence G.New York City Family Court · 1984
- In re Charles M.New York City Family Court · 1987