 | United States. Supreme Court - 1926 - 1212 pages
...more or less of such control lo the city or town immediately concerned. For the legislature abeolu'ely or conditionally to forbid public speaking in a highway or public park is no more in infringement of the rights of a member of the public tban for the owner of a private house to forbid... | |
 | David P. Currie - 1994 - 682 pages
...include[d]" the "lesser" authority to limit use. The Court quoted from Holmes 's decision in the court below: "For the legislature absolutely or conditionally to...owner of a private house to forbid it in his house." Id. at 47 (quoting from Commonwealth v. Davis, 162 Mass. 510, 511.39NE 113, 113 (1895) (Holmes, J.));cf.... | |
 | Michael Linfield - 1990 - 312 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."... | |
 | Margaret A. Blanchard - 1992 - 591 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... | |
 | Morton J. Horwitz - 1992 - 374 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... | |
 | William W. Van Alstyne - 1993 - 452 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... | |
 | James W. Ely - 1997 - 464 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... | |
 | Linda J. Lumsden - 1997 - 356 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... | |
 | David Kairys - 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),... | |
 | Kermit L. Hall - 2000 - 442 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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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. 
