Concerned Jewish Youth v. McGuire

I dissent. We have long recognized the inadvisability of entrusting to the protectors of public order the unchecked authority to restrain First Amendment activity, for there is a tension, requiring careful and sensitive balancing, between freedom and order. Therefore the Constitution has long been read to prevent the police from imposing substantial prior restraints except pursuant to considered and detailed legislative guidelines. Even then, close judicial scrutiny must follow.

This case presents an unfortunate example of the consequences of carte blanche legislative authorization and…