Beauharnais (1951): D distributed anti-black leaflets in
Chicago, calling on the mayor and city “to halt the further
encroachment, harassment and invasion of white people, their
property, neighborhoods, and persons, by the Negro…If persuasion and
the need to prevent the white race from becoming mongrelized by the
Negro will not unite us, then the aggressions…rapes, robberies,
knives, guns and marijuana of the Negro, surely will.” D was charged
under an Illinois statue. This statute made it a crime to exhibit any
public place any publication which “portrays depravity, criminality,
unchastity, or lack of virtue of a class of citizens, of any race,
color, creed or religion” which “exposes the citizens of any race,
color, creed or religion to contempt, derision, or obloquy.” D was
convicted, and appeals on the grounds that the statute violated his
First Am. free speech rights and that it was overly broad. Did the
statute violate D’s First Am. rights, and was it overly broad?
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