Terminiello V Chicago Case Study

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The case Terminiello v. Chicago was first introduced in the State trial courts in Illinois where it was affirmed. Then it was later on appealed into the Illinois State Supreme Courts where they ruled in a conservative position based on the affirmation decision in the Trial courts (Insidegov). The petitioners of the court included the people who protested. The parties that were being sued in this case were the town, city, and the government of Chicago (insidegov).
The case begins when a priest named Father Arthur Terminiello, who was suspended as a Catholic Priest and known as the follower of a fascist leader named Gerald L.K. Smith, was found guilty because he violated the city of Chicago’s ordinance by using disorderly conduct in public
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While advocating this revolt, Terminello had sent many warning messages of a Communist revolution beginning in the United States and he also started to condemn many groups such as atheists, communists and Zionist Jews (ebscohost). Terminiello’s audience began to make remarks targeted groups like Catholics, Jews and African- Americans while also using violence to damage the property of the meeting hall. As a result, Terminiello along with a few others were arrested by the police because he had sparked this event in the meeting hall to happen …show more content…
Justice Douglas overturned Terminiello’s conviction and stated that arguing for a specific cause was a part of the free speech right that was considered in the U.S Constitution (ebscohost). In addition, Douglas’s stated in his opinion that “A function of free speech under the government was to invite dispute and that it serves a purpose when introducing a condition of unrest, which creates dissatisfaction with conditions where they are, which makes people angry. He also states this is why it’s called freedom of speech, though not absolute and that it is protected against punishment unless it produces a clear and present danger to the public. Chief Justice Douglas majority opinion stated that there wasn’t any space in the Constitution that had restrictions like this”

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