Kunz v. New York

Infobox SCOTUS case
Litigants = Kunz v. New York
ArgueDate = October 17
ArgueYear = 1950
DecideDate = January 15
DecideYear = 1951
FullName = Kunz v. New York
USVol = 340
USPage = 290
Citation =
Prior =
Subsequent =
Holding =
SCOTUS = 1949-1953
Majority = Vinson
JoinMajority = Reed, Douglas, Burton, Clark, Minton
Concurrence = Black, Frankfurter
Dissent = Jackson
LawsApplied =

"Kunz v. New York", 340 U.S. 290 (1951), was a case heard before the United States Supreme Court. It was argued October 17, 1950, and decided January 15, 1951, by vote of 8 to 1. Chief Justice Vinson delivered the opinion for the Court. Justice Black and Justice Frankfurter concurred in the result only. Justice Jackson dissented.

"Kunz" helped establish that government restrictions on speech must be narrowly tailored so that they do not inappropriately limit expression protected by the First Amendment. In Kunz, the Court held that laws giving public officials broad discretion to restrain speech about religious issues in advance are an invalid prior restraint in violation of the First Amendment. The Court reversed the 1948 conviction of Baptist minister Carl J. Kunz for violating a New York City ordinance that prohibited religious services on public streets without a permit from the police commissioner. Although the ordinance specified no grounds for refusing permission to speak, Kunz was denied permits in 1947 and 1948 after he was accused of “scurrilous attacks” on Catholics and Jews under a previous permit.

Kunz's conviction for violating the ordinance was upheld by the Appellate Part of the Court of Special Sessions and by the New York Court of Appeals. The Supreme Court said that New York's ordinance was too broad because it provided no standards that an administrator could use to determine who ought to receive permits to speak about religious issues.

In dissent, Justice Robert Jackson said Kunz had used “fighting words” that were not protected by the First Amendment (see Unprotected Speech). He also criticized the Court for striking down the permit scheme when it had, in "Feiner v. New York" (1951), allowed local officials the discretion to arrest volatile speakers during their presentations.

ee also

* List of United States Supreme Court cases, volume 340