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Books Books 11 - 20 of 23 on For the Legislature absolutely or conditionally to forbid public speaking in a highway....  
" For the Legislature absolutely or conditionally to forbid public speaking in a highway or public park is no more an infringement of the rights of a member of the public than for the owner of a private house to forbid it in his house. "
Massachusetts Reports - Page 515
by Massachusetts. Supreme Judicial Court - 1895
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Justice Oliver Wendell Holmes: Free Speech and the Living Constitution

H. L. Pohlman - Biography & Autobiography - 1993 - 280 pages
...its property. The public was as free as any private landowner to restrict the use of public lands. "For the Legislature absolutely or conditionally to...owner of a private house to forbid it in his house." 86 Davis may have a constitutional right to speak, but he does not have a constitutional right to speak...
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Revolutionary Sparks: Freedom of Expression in Modern America

Margaret A. Blanchard - Literary Collections - 1992 - 572 pages
...supreme court, upheld the decision of officials to bar preaching on Boston Commons in 1895, saying, "For the Legislature absolutely or conditionally to...for the owner of a private house to forbid it in his house."83 Public streets, however, were important to minorities who could not afford to hire a hall...
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The Transformation of American Law, 1870-1960 : The Crisis of Legal ...

Morton J. Horwitz Charles Warren Professor of American Legal History Harvard Law School - Electronic books - 1992 - 384 pages
...65. Holmes, Privilege, Malice, and Intent, 8 HARV. L. REV. 1 (1894). 66. See supra ch. 4. 67. See id. highway or public park is no more an infringement...owner of a private house to forbid it in his house. " 69. In JUSTICE ACCUSED: ANTISLAVERY AND THE JUDICIAL PROCESS (Yale Univ. Press 1975), Robert M. Cover...
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Freedom and Tenure in the Academy

William W. Van Alstyne - Law - 1993 - 429 pages
...right of speech and assembly" in a public park. Yet this attempt to distinguish Davis was unconvincing. "For the legislature absolutely or conditionally to...forbid public speaking in a highway or public park," the Court concluded in Davis, "is no more an infringement of the rights of a member of the public than...
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Main Themes in the Debate Over Property Rights, Volume 6

James W. Ely - History - 1997 - 444 pages
...13, 1979). 36. Commonwealth v. Davis, 162 Mass. 510, 511, 39 NE 113 (1895), affd, 167 US 43 (1897): "For the legislature absolutely or conditionally to...owner of a private house to forbid it in his house." 37. Lochner v. New York, 198 US 45, 75 (1905). 38. 260 US 393 (1922). 39. See note 37, supra. The Pruneyard...
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Rampant Women: Suffragists and the Right of Assembly

Linda J. Lumsden - History - 1997 - 273 pages
...of religion, free speech, and assembly to preach on Boston Commons, the Court rejected his argument: "For the legislature absolutely or conditionally to...for the owner of a private house to forbid it in his house."31 Davis demonstrated the nineteenth-century legal system's overreliance upon property law as...
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Free Speech in Its Forgotten Years, 1870-1920

David M. Rabban - History - 1999 - 422 pages
...Supreme Judicial Court of Massachusetts, which was written by Holmes while he served on that court. "For the legislature absolutely or conditionally to...forbid public speaking in a highway or public park," Holmes proclaimed, "is no more an infringement of the rights of a member of the public than for the...
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The Politics of Law: A Progressive Critique

David Kairys - Law - 1998 - 752 pages
The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book’s concrete focus on the ...
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Black Rage Confronts the Law

Paul Harris - Law - 1999 - 306 pages
...constitutional: That such an ordinance is constitutional . . . does not appear to us open to doubt. . . . For the Legislature absolutely or conditionally to...owner of a private house to forbid it in his house. The US Supreme Court unanimously affirmed, quoting Holmes's analogy to a private house.5 The Court...
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Conscience, Expression, and Privacy

Kermit Hall - Law - 2000 - 424 pages
...JUSTICE HOLMES 106 (1943). Davis's lack of property interest in the Commons. He quoted Holmes's opinion: "For the legislature absolutely or conditionally to...owner of a private house to forbid it in his house." 121 Further, the Justices flatly refused to incorporate the protections of the first amendment into...
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