Opinion

In re Kay

  • 1 Cal. 3d 930
  • 83 Cal. Rptr. 686
  • 464 P.2d 142
  • 1970 Cal. LEXIS 362
Court
California Supreme Court
Filed
Jan 30, 1970
Status
Published
Author
McComb
On the bench
McComb, Tobriner
Cited by
99 cases

concluding that a statute prohibiting “willfully disturb [ing] or break[ing] up any assembly or meeting, not unlawful in its character,” as “literally applied,” violated' the First Amendment (citation omitted) (internal quotation marks omitted)

How later courts described this case

  • concluding that a statute prohibiting “willfully disturb [ing] or break[ing] up any assembly or meeting, not unlawful in its character,” as “literally applied,” violated' the First Amendment (citation omitted) (internal quotation marks omitted)
  • characterizing “a large, public celebration held outdoors in a public park, featuring, in the course of a political campaign, a public official as the principal speaker” as a “public meeting” or “public gathering”
  • characterizing meeting as “large, public celebration held outdoors in a public park, featuring, in the course of a political campaign, a public official as the principal speaker”
  • noting also that such speech, though perhaps rude, “can nonetheless advance the goals of the First Amendment”

Written by the judges who cited it.

The opinion

McCOMB, J.

I dissent. I would deny the writ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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