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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. "
The American State Reports: Containing the Cases of General Value and ... - Page 390
edited by - 1895
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Freedom of Speech: A Reference Guide to the United States Constitution

Keith Werhan - 2004 - 176 pages
...Judicial Court of Massachusetts, had written when Davis was before that court. According to Holmes, "For the Legislature absolutely or conditionally to...owner of a private house to forbid it in his house" (Commonwealth v. Davis, 1 895). The Court's decision in Davis, as well as Holmes's opinion for the...
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Freedom of Speech: Volume 21, Part 2

Ellen Frankel Paul, Fred D. Miller, Jeffrey Paul - 2004 - 439 pages
...property. As Holmes maintained in 1895 while serving on the Supreme Judicial Court of Massachusetts: "For the Legislature absolutely or conditionally to...member of the public than for the owner of a private home to forbid it in his house." 32 Holmes analyzed the case entirely in property terms, treating public...
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Brave New Neighborhoods: The Privatization of Public Space

Margaret Kohn, Professor of Political Science Margaret Kohn - 2004 - 232 pages
...or conditionally to forbid public speaking in a 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 his house." This analysis still holds considerable force today. In Lee v. Krishna Consciousness (1992) (hereafter...
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Atlantic Reporter, Volume 112

1921
...quotation from Davis v. Massachusetts, supra: "The Legislature, * * as representative of the public, may and does exercise control over the use which the...owner of a private house to forbid it in his house.". If this were not so, then any and every citizen would have an equal right with defendant, and might...
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