Legal Opinion · Dissent

Chrestensen v. Valentine

Court of Appeals for the Second Circuit

Decided November 24, 1941No. 358Published

1DissentFrank, Circuit Judge

To my mind, the majority opinion has reached the wrong conclusion primarily because it erroneously deals with this case as if it involved the attempted distribution of a single handbill of noncommercial or “free speech” character, which contains some related and incidental commercial or business advertising. On that fallacious assumption of fact, the majority holds that the city ordinance, here before us, is unconstitutional in so far as it prohibits the distribution on city streets of such a noncommercial handbill. The opinion also expresses a doubt as to its constitutionality even as to…

2Cases cited60 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  4. Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939
  5. Stromberg v. CaliforniaSupreme Court of the United States · 1931

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