Supreme Court of the United States

Saia v. New York

June 7, 1948334 U.S. 558

Summary

The Supreme Court held that the Lockport ordinance requiring a police chief's permit for the use of loud‑speaker devices in public parks is facially unconstitutional as a prior restraint on speech protected by the First Amendment and incorporated by the Fourteenth Amendment. The Court reversed the New York Court of Appeals. Justice Jackson dissented, arguing the ordinance is a permissible regulation, and Justice Frankfurter concurred in part but dissented from the reversal, believing the ordinance was not arbitrary.

Holding

  • Whether the City of Lockport's ordinance requiring a police chief's permit for the use of loud‑speaker devices in public parks violates the First Amendment as applied through the Fourteenth Amendment.. Section 3 of the ordinance is unconstitutional on its face because it creates an unfettered prior restraint on speech without any standards governing the chief of police's discretion.

Docket 504

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