# In re Kay

> California Supreme Court · January 30, 1970 · 1 Cal. 3d 930

URL: https://www.frixlaw.com/law-library/cases/5451889

## Case

- **Full name:** In re THOMAS PATRICK KAY, on Habeas Corpus
- **Court:** California Supreme Court
- **Decided:** January 30, 1970
- **Citations:** 1 Cal. 3d 930; 83 Cal. Rptr. 686; 464 P.2d 142; 1970 Cal. LEXIS 362
- **Precedential status:** Published
- **Opinion:** Dissent by McComb
- **Judges:** McComb, Tobriner
- **Cited by:** 99 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5451889

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

McCOMB, J.
I dissent. I would deny the writ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5451889. Public record. Not legal advice.