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1971 United States Supreme Court case
Organization for a Better Austin v. Keefe U.S. LEXIS 44; 1 Media L. Rep. 1021
Prior Certiorari Courts cannot prohibit peaceful distribution of pamphlets, unless a heavy burden is met to justify prior restraint.
Chief Justice
Warren E. Burger
Associate Justices
Majority Burger, joined by Black, Douglas, Brennan, Stewart, White, Marshall, Blackmun Dissent Harlan U.S. Const. amends. I , XIV
Organization for a Better Austin v. Keefe United States Supreme Court case in which the Court held that courts cannot prohibit peaceful distribution of pamphlets, unless a heavy burden is met to justify prior restraint.
Background Keefe, a real estate broker, worked in the Chicago neighborhood of Austin . Keefe soon garnered a reputation for his business practices, which were considered to be inflammatory and controversial. Among the asserted practices was that Keefe attempted to generate sales by panicking white homeowners into selling at below-market prices by suggesting that African Americans would soon be living nearby, then selling the houses to African Americans at market value or higher (a practice known as blockbusting ).
Some residents of Austin, including the Organization for a Better Austin (OBA), attempted to coerce Keefe to change his tactics by distributing flyers in the town of Westchester , where Keefe resided. Keefe sued, and obtained an injunction preventing the OBA from distributing flyers in Keefe's neighborhood. The OBA argued that their pamphlets were merely informational, but Keefe argued that they were invasions of privacy, and were intimidating.
The Illinois Appellate Court upheld the injunction (115 Ill.App.2d 236, 253 N.E.2d 76).
Opinion of the Court The Supreme Court, in an 8 to 1 decision, overturned the injunction. The court ruled that peaceful distribution of pamphlets is an important aspect of the First Amendment freedom of speech, and that prior restraint of such peaceful speech requires a very compelling reason.
Justice Harlan dissented solely on the basis that the injunction did not constitute a "final decision" from which an appeal could be taken, and that the Court thus lacked jurisdiction.
See also References
External links
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitementsedition Libel
andFighting words andheckler's veto True threats Obscenity
Rosen v. United States United States v. One Book Called Ulysses Roth v. United States One, Inc. v. Olesen Smith v. California Marcus v. Search Warrant MANual Enterprises, Inc. v. Day
(1962)Jacobellis v. Ohio Quantity of Books v. Kansas Ginzburg v. United States Memoirs v. Massachusetts Redrup v. New York Ginsberg v. New York Stanley v. Georgia United States v. Thirty-seven Photographs Kois v. Wisconsin Miller v. California Paris Adult Theatre I v. Slaton United States v. 12 200-ft. Reels of Film Jenkins v. Georgia Southeastern Promotions, Ltd. v. Conrad Erznoznik v. City of Jacksonville Young v. American Mini Theatres, Inc. Vance v. Universal Amusement Co., Inc. American Booksellers Ass'n, Inc. v. Hudnut People v. Freeman United States v. X-Citement Video, Inc. Reno v. ACLU United States v. Playboy Entertainment Group, Inc. City of Los Angeles v. Alameda Books, Inc. Ashcroft v. ACLU I United States v. American Library Ass'n Ashcroft v. ACLU II Nitke v. Gonzales United States v. Williams American Booksellers Foundation for Free Expression v. Strickland United States v. Kilbride United States v. Stevens Brown v. Entertainment Merchants Ass'n FCC v. Fox Television Stations, Inc. Speech integral
Strict scrutiny Vagueness Symbolic speech Content-based Content-neutral In thepublic forum
Designated Nonpublic
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act
andLicensing and Commercial speech
Valentine v. Chrestensen Rowan v. U.S. Post Office Dept. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations Lehman v. Shaker Heights Goldfarb v. Virginia State Bar Bigelow v. Virginia Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council Linmark Assoc., Inc. v. Township of Willingboro Carey v. Population Services International Bates v. State Bar of Arizona In re Primus Ohralik v. Ohio State Bar Association Friedman v. Rogers Consol. Edison Co. v. Public Serv. Comm'n Central Hudson Gas & Electric Corp. v. Public Service Commission Metromedia, Inc. v. San Diego In re R.M.J. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio Pacific Gas & Electric Co. v. Public Utilities Comm'n of California Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee Shapero v. Kentucky Bar Association Riley v. Nat'l Fed'n of the Blind State University of New York v. Fox Peel v. Attorney Registration and Disciplinary Commission of Illinois City of Cincinnati v. Discovery Network Edenfield v. Fane United States v. Edge Broadcasting Co. Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy Lebron v. National Railroad Passenger Corp. Rubin v. Coors Brewing Co. Florida Bar v. Went For It, Inc. 44 Liquormart, Inc. v. Rhode Island Glickman v. Wileman Brothers & Elliot, Inc. Greater New Orleans Broadcasting Assn., Inc. v. United States Los Angeles Police Department v. United Reporting Publishing Co. United States v. United Foods Inc. Lorillard Tobacco Co. v. Reilly Thompson v. Western States Medical Center Nike, Inc. v. Kasky
(2003)Johanns v. Livestock Marketing Ass'n Tennessee Secondary School Athletic Assn. v. Brentwood Academy Milavetz, Gallop & Milavetz, P.A. v. United States Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA Sorrell v. IMS Health Inc. Expressions Hair Design v. Schneiderman Matal v. Tam Iancu v. Brunetti Barr v. American Association of Political Consultants Vidal v. Elster Campaign finance Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections
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