Legal Opinion · Dissent

City of Chicago v. Terminiello

Appellate Court of Illinois

Decided June 25, 1947No. Gen. No. 44,062Published

1DissentNiemeyer, P. J.

The offense charged is a breach of the peace, or a diversion tending to a breach of the peace. As it is not defined by statute or ordinance we must look to the common law for its meaning. Breach of the peace is a generic term, including all violations of public peace or order, and acts tending to promote or excite others to breach of the peace. 8 Am. Jur., Breach of Peace, secs. 3 and 6; Words and Phrases, vol. 5, p. 763; St. Louis v. Slupsky, 254 Mo. 309; State v. Steger, 94 W. Va. 576. The acts must be public in character and such as actually tend to disturb the public peace and quiet.…

2Cases cited19 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  3. People v. . MostNew York Court of Appeals · 1902
  4. People v. PerryNew York Court of Appeals · 1934
  5. Mehlos v. City of MilwaukeeWisconsin Supreme Court · 1914

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