Supreme Court of the United States
Talley v. California
March 7, 1960362 U.S. 60
Summary
The Court held that Los Angeles's ordinance requiring identification on all handbills is a facially invalid prior restraint on speech and therefore void, reversing Talley's conviction and remanding for further proceedings. The decision rests on precedent that such blanket bans on distribution are unconstitutional. A dissent argued the ordinance could be valid if narrowly applied, and a concurrence agreed with the judgment but emphasized the need for a compelling governmental interest.
Holding
- Whether the Los Angeles ordinance prohibiting distribution of handbills without identification violates the First Amendment freedom of speech and press protected by the Fourteenth Amendment.. The ordinance is void on its face as an unconstitutional prior restraint on speech.
Docket 154