Terminiello v. Chicago (1949)

Facts: Father Arthur Terminiello, an anti-Semitic Catholic priest, was invited to speak at a rally in Chicago. Terminiello spoke his racist, anti-Semitic, and anti-Communist comments to a crowd of about 800 persons inside the hall and about 1000-1500 persons gathered outside the hall. The crowd outside knew of Terminiello's views, and even though they could not hear him speak, they became a riotous mob, advocating violence, and throwing rocks and other items at the building and at the police. Father Terminiello was arrested and charged with inciting a mob to breach of the peace. He was convicted in a jury trial of violating an ordinance that banned behavior "if it stirs the public to anger, invites dispute, and/or brings about a condition of unrest." His conviction was affirmed by the Illinois Supreme Court.

Substantive Issues:

1.  Did the trial judge err by defining "breach of the peace" too broadly?
2.  Is speech that stirs people to anger protected by the First Amendment?

USSC Ruling: Reversed the conviction 5-4

Reasoning: Justice William O. Douglas wrote for the majority.

• Without reaching the question of degree of protection for Terminiello's speech, the Court ruled that the trial judge's instructions to the jury were overbroad and, as such, constituted reversible error. According to the judge's instructions, the city ordinance could have banned speech that is protected by the First Amendment.

Rule: Overbroad laws and jury instructions cannot be used to convict. Technical errors are important.