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" 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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Freedom Under Fire: U.S. Civil Liberties in Times of War

Michael Linfield - Law - 1990 - 282 pages
...197. Cf. Justice Holmes speaking for the court in Davis v. Massachusetts, 162 Mass. 510, 511 (1895): "For the legislature absolutely or conditionally to...highway or public park is no more an infringement of rights of a member of the public than for the owner of a private house to forbid it in the house."...
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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 Orthodoxy

Morton J. Horwitz - Law - 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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The Politics Of Law: A Progressive Critique, Third Edition

David Kairys - Law - 1998 - 752 pages
...property right: That such an ordinance is constitutional . . . does not appear to us open to doubt. . . . For the Legislature absolutely or conditionally to...for the owner of a private house to forbid it in his house.3 The Supreme Court of the United States unanimously affirmed in Davis v. Massachusetts (1897),...
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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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Law Without Values: The Life, Work, and Legacy of Justice Holmes

Albert W. Alschuler - Biography & Autobiography - 2000 - 325 pages
...parks, a person could have no constitutional right to make a speech on Boston Common.7 Holmes wrote, "For the legislature absolutely or conditionally to...for the owner of a private house to forbid it in his house."8 Sovereign Immunity Captivated by concepts of power, Holmes became "the chief . . . proponent...
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Freedom of Expression in the Supreme Court: The Defining Cases

Terry Eastland - Law - 2000 - 397 pages
...an act of Congress on First Amendment grounds. 22. Davis v. Massachusetts (1897). The Court stated: "For the legislature absolutely or conditionally to...highway or public park is no more an infringement of rights of a member of the public than for the owner of a private house to forbid it in the house."...
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