memorandum decisions with published dissents
How later courts described this case
- memorandum decisions with published dissents
- prohibition on obscene or lascivious language or words in any public place or in the presence of females
- both concurring in result
Written by the judges who cited it.
The opinion
Mr. Justice Powell,
concurring in the result.
The statute involved in this case is considerably broader than the statute involved in Rosenfeld v. New Jersey, ante, p. 901, and it has not been given a narrowing construction by the Oklahoma courts. Moreover, the papers filed in this case indicate that the language for which appellant was prosecuted was used in a political meeting to which appellant had been invited to present the Black Panther viewpoint. In these circumstances language of the character charged might well have been anticipated by the audience.
These factors lead me to conclude that this case is significantly different from Rosenfeld v. New Jersey, supra. I therefore concur in the Court’s disposition of this case.
[For dissenting opinion of Mr. Chief Justice Burger, see ante, p. 902.]
[For dissenting opinion of Mr. Justice Rehnquist, see ante, p. 909.]
*915 Certiorari Granted — Reversed. (See No. 71-5625, ante, p. 229; and No. 71-6497, ante, p. 234.)
Certiorari Granted — Remanded or Vacated and Remanded.